Opinions Dec. 26, 2019

Keywords Opinions

Indiana Court of Appeals
Joann G. Sartain, by and through her attorney-in-fact, Cindy Harding v. Trilogy Healthcare of Hamilton II, LLC d/b/a Prairie Lakes Health Campus
19A-PL-1567
Civil plenary. Dismisses Joann G. Sartain’s lawsuit, finding that because she explicitly stipulated to the dismissal of the suit in its entirety in Hamilton Superior Court, there is no final judgment, and that the Indiana Court of Appeals therefore lacks jurisdiction.

David Cunningham v. Penney (Cunningham) Barton
19A-DR-1038
Domestic relation. Affirms a Vermillion Circuit Court order for David Cunningham to provide post-secondary educational expenses to twin sons he fathered with Penney (Cunningham) Barton. Concludes the trial court’s determination that children had not repudiated father and had adequate aptitude for post-secondary education were not clearly erroneous; the trial court did not abuse its discretion by ordering father to pay non-duplicative educational expenses during the same period he had a child support obligation; and that the amount of the educational expenses it ordered was supported by the record.  Also concludes father waived his claim of imputed income from mother’s boyfriend by failing to raise it until his motion to correct error.

Thomas Meranda v. Mary Elizabeth Spaw
19A-GU-1218
Guardianship. Reverses that Boone Superior Court order denying Thomas Meranda’s motion to terminate the guardianship of Gwendolyn M. Reagan. Finds the trial court erred by declaring ex parte orders to have been conclusively decided and by denying admission of evidence purporting to establish financial mismanagement of the guardianship and unreimbursed medical invoices. Also reverses the trial court order granting guardian Mary Elizabeth Spaw attorney fees based on a frivolous claim.

K.C.G. v. State of Indiana
19A-JV-978
Juvenile. Affirms K.C.G.’s delinquency adjudication for Class A misdemeanor dangerous possession of a firearm, despite the fact that it is not a crime that can be committed by an adult as required by the juvenile adjudication statute. Also finds sufficient evidence in Marion Superior Court supported the adjudication.

Andrew Hall v. Habitat for Humanity of Grant County, Inc. (mem. dec.)
19A-EX-1443
Agency. Affirms the Indiana Worker’s Compensation Board’s denial of benefits for Andrew Hall, finding his injuries sustained from a fireworks explosion did not arise out of and in the course of his employment with Habitat for Humanity of Grant County Inc.

Sam Spicer, II v. State of Indiana (mem. dec.)
19A-PC-145
Post-conviction. Affirms the Dearborn Circuit Court’s denial of Sam Spicer II’s petition for post-conviction relief from his conviction of Class A felony conspiracy to deal methamphetamine. Finds Spicer’s claim that the trial court abused its discretion when it denied his motion to withdraw his guilty plea is procedurally defaulted and that the post-conviction court’s conclusion that he was not denied the effective assistance of counsel was not clearly erroneous.

In re the Termination of the Parent-Child Relationship of A.M. and Au.M. (Minor Children) and E.M.-G. (Father) v. Indiana Department of Child Services (mem. dec.)
19A-JT-1753
Juvenile termination of parental rights. Affirms the termination of father E.M.-G.’s parental rights to minor children A.M. and Au.M., finding the Bartholomew Circuit Court did not abuse its discretion when it concluded that there is a reasonable probability that the conditions resulting in the children’s removal and continued placement outside the home will not be remedied, or when it found termination would be in the children’s best interests.

K.C. v. State of Indiana (mem. dec.)
19A-JV-1410
Juvenile. Affirms the Marion Superior Court order placing K.C. in the Indiana Department of Correction, finding the court did not abuse its discretion by refusing to place him in a less restrictive setting due to multiple prior adjudications.

Artiemisha Rhodes v. State of Indiana (mem. dec.)
19A-CR-1508
Criminal. Affirms Artiemisha Rhodes’ criminal trespass convictions, finding the Marion Superior Court had sufficient evidence to prove she had no contractual interest in her mother’s house.

Ladell Dean v. State of Indiana (mem. dec.)
19A-CR-1455
Criminal. Affirms Ladell Dean’s conviction of Level 4 felony possession of a firearm by a serious violent felon and his aggregate four-year sentence. Finds the Marion Superior Court did not abuse its discretion by denying Dean’s motion for a mistrial, and that Dean waived his ability to challenge his conviction on direct appeal because he chose to plead guilty.

Tiras D. Johnson v. State of Indiana (mem. dec.)
19A-CR-1769
Criminal. Affirms Tiras Johnson’s convictions of Level 2 felony counts of dealing in cocaine and dealing in methamphetamine and Level 6 felony maintaining a common nuisance. Holds the appellate court cannot say that the Madison Circuit Court erred when it denied his motion to continue his jury trial. Affirms the admission of evidence of illegal drugs found in a search of Johnsons’s property, finding he waived his right to complain about searches and seizures as a condition of his placement in community corrections.

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