Opinions Dec. 20, 2019

Keywords Opinions

Indiana Court of Appeals
Jonathan Stanley Belcher v. State of Indiana
19A-CR-00830
Criminal. Affirms Jonathan Belcher’s guilty but mentally ill convictions for two counts of Level 3 felony aggravated battery and one count each of Class B misdemeanor battery and Class A misdemeanor resisting law enforcement, the finding that he is a habitual offender, and his aggregate 53-year-and-180-day sentence. Finds sufficient evidence that Belcher appreciated the wrongfulness of his actions. Also finds no abuse of discretion at sentencing. Finally, finds the sentence is not inappropriate given the nature of his offenses and his character.

In the Matter of Br.B, M.B., and BA.B. (Minor Children), Children in Need of Services, and B.B. (Father) and S.B. (Mother) v. Indiana Department of Child Services
19A-JC-1301
Juvenile CHINS. Affirms the Marion Superior Court’s determination that father B.B. and mother S.B.’s three minor children, Br.B., M.B. and BA.B., are children in need of services. Finds the trial court did not clearly err in denying the parents’ motion to dismiss for lack of venue. Also finds the parents have failed to establish that they are entitled to reversal based on the admission of certain evidence, and that the Department of Child Services did not carry its burden on the issue of coercive court intervention.

In the Matter of the Civil Commitment of B.N.; B.N. v. Community Health Network, Inc.
19A-MH-1037
Mental health. Affirms the Marion Superior Court’s order for B.N.’s involuntary temporary commitment to Community Health Network for a period of no longer than 90 days. Finds the trial court did not violate B.N.’s due process rights. Also finds B.N.’s sufficiency argument is simply a request to reweigh the evidence.

In re the Termination of the Parent-Child Relationship of R.T., V.T., and D.T. (Minor Children); J.V. (Mother) v. The Indiana Department of Child Services (mem. dec.)
19A-JT-1553
Juvenile termination of parental rights. Affirms the termination of mother J.V.’s parent-child relationship with her children R.T., V.T. and D.T. Finds sufficient evidence to support the termination of the parent-child relationships.

Kristopher Lambright v. State of Indiana (mem. dec.)
19A-PC-482
Post-conviction. Affirms the Allen Superior Court’s denial of Kristopher Lambright’s petition for post-conviction relief. Finds the denial is not clearly erroneous.

In Re: The Termination of the Parent-Child Relationship of: M.T. (Minor Child); N.D.T. (Mother) v. The Indiana Department of Child Services (mem. dec.)
19A-JT-1422
Juvenile termination of parental rights. Affirms the termination of mother N.D.T.’s parent-child relationship with her son, M.T. Finds sufficient evidence to support the termination of the parent-child relationship.

Robert D. Rivard v. State of Indiana (mem. dec.)
19A-CR-1122
Criminal. Affirms the revocation of Robert Rivard’s probation. Finds the Vigo Superior Court did not err in revoking Rivard’s probation.

Timothy A. Ebertshauser v. State of Indiana (mem. dec.)
19A-CR-746
Criminal. Affirms the denial of Timothy Ebertshauser’s motion to withdraw his guilty plea. Finds the Scott Circuit Court did not abuse its discretion in denying the motion.

In re the Matter of J.M., J.T., & M.N. (Minor Children), Children in Need of Services, and S.L. (Mother) and S.N. (Father) v. Indiana Department of Child Services (mem. dec.)
19A-JC-802
Juvenile CHINS. Affirms the adjudication of mother S.L. and father S.N.’s children, J.M., J.T. and M.N., as children in need of services. Finds sufficient evidence to support the CHINS adjudications.

Charles, R. Barr, Jr. v. State of Indiana (mem. dec.)
19A-CR-1760
Criminal. Affirms Charles Barr Jr.’s executed six-year sentence for his conviction of Level 5 felony battery by means of a deadly weapon. Finds the Bartholomew Circuit Court did not abuse its discretion when sentencing Barr.

In the Matter of the Termination of the Parent-Child Relationship of J.T. (Child) and T.T. (Mother); T.T. (Mother) v. The Indiana Department of Child Services (mem. dec.)
19A-JT-1335
Juvenile termination of parental rights. Affirms the termination of mother T.T.’s parental rights to her child, J.T. Finds the Department of Child Services presented sufficient evidence to support the findings challenged by T.T. Also finds the Clark Circuit Court’s findings support its conclusion that the conditions under which J.T. was removed from T.T.’s care would not be remedied.

Jordan Phillip Taber v. State of Indiana (mem. dec.)
19A-CR-903
Criminal. Affirms Jordan Taber’s conviction for murder. Finds Taber’s Fourth and Fifth Amendment rights under the U.S. Constitution were not violated. Also finds the Marion Superior Court did not abuse its discretion by admitting Taber’s statement to detectives.

Karen Myers v. M.S. (mem. dec.)
19A-PO-1043
Protective order. Affirms the issuance of a protective order for M.S. against Karen Myers. Finds sufficient evidence to support the issuance of the protective order.

In Re: The Termination of the Parent-Child Relationship of: C.M., Ki.M., Ka.M., and K.C. (Minor Children); A.C. (Mother) v. The Indiana Department of Child Services (mem. dec.)
18A-JT-2714
Juvenile termination of parental rights. Affirms the termination of mother A.C.’s parent-child relationship with her four children. Finds sufficient evidence to support the termination of the parent-child relationships.

Jordan Lee Haehl v. State of Indiana (mem. dec.)
18A-CR-2559
Criminal. Affirms Jordan Haehl’s conviction for Level 1 felony rape. Finds that from the evidence, the jury could have concluded that A.H. was compelled by force or imminent threat of force to submit to sexual intercourse with Haehl and that Haehl possessed a gun during the encounter. Also finds Haehl waived his argument concerning admitted expert testimony. Finally, finds Haehl has not established that the Shelby Superior Court committed error or fundamental error when it responded to a question posed by the jury during its deliberations without his input.

Justin A. Conrad v. State of Indiana (mem. dec.)
19A-CR-756
Criminal. Affirms Justin Conrad’s conviction for Level 4 felony child molest and his advisory six-year sentence, with four years executed in the Department of Correction and two years suspended to probation. Finds Conrad failed to show fundamental error. Also finds Conrad’s his sentence is not inappropriate.

Dorris L. Dooley v. State of Indiana (mem. dec.)
19A-PC-1904
Post-conviction. Affirms the Elkhart Superior Court’s denial of Dorris Dooley’s petition for post-conviction relief. Finds the state presented sufficient evidence to prove that Dooley understood her Boykin rights despite the trial court’s failure to adviser her of those rights during her guilty plea, so her plea was knowing, intelligent and voluntary. Also finds the trial court did not err in its denial.

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