Opinions Aug. 29, 2019

Keywords Opinions

Indiana Court of Appeals
Damoine Wilcoxson v. State of Indiana
Criminal. Affirms Damoine Wilcoxson’s convictions of attempted murder and Level 5 felony criminal recklessness. Finds the Marion Superior Court should have entered two attempted murder convictions and sentenced Wilcoxson accordingly. Also finds the trial court did not err in the admission of evidence. Remands for the entry of a conviction and sentence on the second count of attempted murder.

Nathaniel Walmsley v. State of Indiana
Criminal. Reverses the denial of Nathaniel Walmsley’s motion to dismiss his charge of felony murder. Finds that because Walmsley and his late-wife Rachel jointly acquired possession of narcotic drugs for their own use, Walmsley did not “deliver” the drug to Rachel when he injected her.

In the Matter of R.L. (Minor Child) and J.R. (Mother) v. Indiana Department of Child Services, and Child Advocates, Inc.
Juvenile CHINS. Grants petition for rehearing and affirms the ruling from Marion Superior Court that a baby born to J.R. is a child in need of services. Finds that under Matter of Eq.W., 124 N.E.3d 1201 (Ind. 2019), res judicata does not prohibit the Indiana Department of Child Services from filing a new CHINS petition that contains evidence from a failed CHINS petition as long as the new filing raises new allegations.

Bryan Wesolek v. Dana Wesolek (mem. dec.)
Domestic relations. Affirms the Porter Superior Court’s decree dissolving Bryan Wesolek’s marriage to Dana Wesolek. Finds the trial court did not err by finding Bryan in direct contempt for refusing to answer the trial court’s questions. Also finds the trial court did not abuse its discretion in its valuation of Bryan’s business, Data Limited Inc., or by including the Arbor stock in the marital pot.

In the Matter of the Termination of the Parent-Child Relationship of A.M. and A.N.M. (Minor Children), Roberta L. Renbarger (Guardian Ad Litem) v. A.Y.M. (Mother) and A.M.M. (Father) (mem. dec.)
Juvenile termination of parental rights. Affirms the Allen Superior Court’s denial of the Indiana Department of Child Service’s termination petition for parents A.Y.M. and A.M.M. and their two children. Finds the guardian ad litem failed to establish the denial was clearly erroneous.

Derrick Charles Williams v. State of Indiana (mem. dec.)
Criminal. Affirms Derrick Williams’ convictions for Level 6 felony resisting law enforcement and Class A misdemeanor driving while suspended. Finds the Madison Circuit Court’s inquiry and Williams’s responses were sufficient to establish that he made his decision to represent himself knowingly, voluntarily and intelligently. Also finds the probable impact of possibly improperly admitted evidence on the jury was minimal.

Centier Bank v. Bruce and Sybil Scheffer, and Edward P. Grimmer (mem. dec.)
Civil plenary. Affirms the Lake Superior Court’s determination that attorney Edward Grimmer should not be jointly liable to pay more attorneys fee ordered against Bruce and Sybil Scheffer. Finds the trial court did not abuse its discretion by relieving Grimmer of joint liability for the fee award. Denies Centier Bank’s request for additional appellate attorney’s fees.

In the Matter of the Civil Commitment of M.T., M.T. v. Community Health Network Inc., of Marion County d/b/a Adult & Child MHC (mem. dec.)
Mental health. Affirms the Marion Superior Court’s order of temporary commitment for M.T. Finds clear and convincing evidence supports that M.T. was gravely disabled for purposes of his involuntary commitment.

In re the Termination of the Parent-Child Relationship of J.R. (Minor Child) and A.P, (Mother), A.P. (Mother) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of A.P.’s parental rights to her daughter, J.R. Finds the Wells Circuit Court did not err when it determined that termination is in J.R.’s best interests.

Donald R. Clark, III v. State of Indiana (mem. dec.)
Miscellaneous. Affirms the denial of Donald R. Clark III’s petition to remove his name from the sex-offender registry. Finds Clark is not entitled to relief.

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