Opinions Aug. 13, 2021

Indiana Court of Appeals

In re the Matter of the Adoption of Minor Children, C.M.L. and C.T.L., K.C. and F.M., Paternal Aunt and Uncle v. Indiana Department of Child Services
21A-AD-714
Adoption. Affirms the Madison Circuit Court’s denial of paternal aunt and uncle K.C. and F.M’s motion requesting relief from judgment pursuant to Indiana Trial Rule 60(B). Finds the trial court did not abuse its discretion by denying the motion.

Antwon A. Stott v. State of Indiana
20A-CR-1924
Criminal. Reverses Antwon Stott’s conviction for two counts of resisting law enforcement, one as a Level 6 felony and one as a Class A misdemeanor. Finds the admission of certain evidence at trial was reversible error. Remands for proceedings consistent with the opinion. Judge Patricia Riley concurs in result without opinion.

Amy M. Grannan v. State of Indiana
20A-CR-1907
Criminal. Affirms Amy Grannan’s Level 5 felony criminal recklessness conviction for shooting at her neighbor’s Evansville home. Finds sufficient evidence to establish that Grannan’s act posed a substantial risk of bodily injury.

Brandon Lee Bottom v. State of Indiana (mem. dec.)
20A-CR-2105
Criminal. Affirms Brandon Bottom conviction of Level 1 felony aggravated battery resulting in the death of a child under 14 and Level 2 felony conspiracy to commit murder. Concludes the LaPorte Superior Court acted within its discretion in denying Bottom’s request for public funds to hire an expert, Also finds the state presented evidence sufficient to support Bottom’s convictions.

Joseph David Howard, Jr. v. State of Indiana (mem. dec.)
21A-CR-25
Criminal. Affirms Joseph David Howard Jr.’s conviction for Level 2 felony burglary resulting in serious bodily injury. Finds sufficient evidence to support the conviction.

Matthew Roche v. Melissa Mae Roche Pearson (mem. dec.)
21A-DR-168
Domestic relation. Affirms in part, reverses in part the denial of Matthew Roche’s petition to modify child support. Finds the Clinton Circuit Court did not err by not imputing income to Melissa Roche Pearson (Mother) or when calculating parenting time credit. Also finds the trial court did err by not explaining its decision to exclude bonus income from Mother’s gross income. Remands with instructions to the trial court to either include Mother’s bonus income in its child support calculations or articulate the reasoning behind excluding it.

Christopher Leopard v. State of Indiana (mem. dec.)
21A-CR-335
Criminal. Affirms Christopher Leopard’s aggregate five-year sentence for his convictions of Level 5 felony carrying a handgun without a license having a prior conviction and Class A misdemeanor resisting law enforcement. Finds Leopard’s sentence to be served in the Department of Correction is not inappropriate given the nature of his offenses and his character.

Alan J. Shonk, Sr. v. State of Indiana (mem. dec.)
21A-CR-525
Criminal. Affirms the revocation of Alan Shonk’s probation. Finds sufficient evidence to demonstrate that Shonk was on probation at the time he committed a subsequent offense.

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