Opinions Dec. 6, 2019

Keywords Opinions

Indiana Court of Appeals
Daniel Tanoos v. State of Indiana
19A-CR-1086
Criminal. Affirms the denial of former Vigo County School Corporation Superintendent Daniel Tanoos’ motion to dismiss charges of one count of Class C felony bribery and two counts of Level 5 felony bribery. Finds the Marion Superior Court did not abuse its discretion when it did not dismiss his charges.

Cory Smith v. State of Indiana (mem. dec.)
19A-CR-407
Criminal. Affirms Cory Smith’s convictions for dealing methamphetamine, unlawful possession of a syringe, possession of paraphernalia and maintaining a common nuisance, with the finding that he is a habitual offender. Finds there is sufficient evidence to support the habitual offender finding. Also finds any error in admitting challenged statements was harmless.

Demanda Smith v. State of Indiana (mem. dec.)
19A-CR-1395
Criminal. Affirms Demanda Smith’s conviction for Class A Misdemeanor domestic battery.  Finds the Marion Superior Court did not err by refusing to give the tendered jury instruction on self-defense.

In the Matter of the: D.B., K.B., K.C., and M.C. (Minor Child) Children in Need of Services, and S.O. (Mother) v. The Indiana Department of Child Services (mem. dec.)
19A-JC-1510
Juvenile CHINS. Affirms the adjudication of mother S.O.’s children D.B., K.B., K.C. and M.C., as children in need of services. Finds there is sufficient evidence to support the CHINS adjudication.

Deandrew R. Halliburton v. State of Indiana (mem. dec.)
19A-CR-1235
Criminal. Affirms Deandrew Halliburton’s conviction for Level 6 felony theft. Finds there is sufficient evidence to support the conviction.

Daquoine D. Harriston v. State of Indiana (mem. dec.)
19A-CR-1059
Criminal. Affirms Daquoine Harriston’s convictions of two counts of Level 1 felony attempted murder. Finds there is sufficient evidence to support his convictions.

In Re: The Adoption of D.J.B., B.W.B., and B.M.B., minor children, D.W.B. v. D.T. and E.T. (mem. dec.)
19A-AD-1612
Adoption. Affirms the Huntington Circuit Court’s order granting the petition of mother E.T. and stepfather D.T. for D.T. to adopt the children of mother and father D.W.B.  Finds D.W.B.’s consent for the adoption was not required. Declines to order him to pay appellate attorney fees.

Hazel M. Sendelweck v. Greene County General Hospital, et al. (mem. dec.)
19A-CT-1582
Civil tort. Affirms the Dubois Circuit Court’s order granting summary judgment in favor of Greene County General Hospital, d/b/a Good Samaritan Society — Northwood Retirement Community and The Evangelical Lutheran Good Samaritan Society, d/b/a Good Samaritan Society —Northwood Retirement Community. Finds Sendelweck failed to timely file her claim before the running of the statute of limitations. Also finds there was no due process violation.

Elmer L. Moore v. State of Indiana (mem. dec.)
19A-CR-824
Criminal. Affirms Elmer L. Moore’s conviction of Level 5 felony failure to register as a sex or violent offender with a prior conviction of failure to register. Finds the Elkhart Superior Court did not err in denying his motion to dismiss the charges against him.

Arthur David Siegle and Karen Lynn Siegle v. NextGear Capital, Inc. (mem. dec.)
19A-CC-1467
Civil collection. Dismisses Arthur and Karen Siegle’s appeal of the Hamilton Circuit Court’s entry of default judgment against them and in favor of NextGear Capital Inc. Finds the Siegles did not file a Trial Rule 60(B) motion for relief from the trial court’s entry of default judgment against them, so their appeal is not properly before the Indiana Court of Appeals.

Christopher A. Watson v. State of Indiana (mem. dec.)
19A-CR-1864
Criminal. Affirms Christopher Watson’s three-year sentence for conviction of Level 5 felony dealing in a narcotic drug. Finds his sentence is not inappropriate.

Terry Honeycutt v. Ashten Harmon (mem. dec.)
19A-JP-1516
Juvenile paternity. Affirms the Wabash Circuit Court’s order granting Ashten Harmon’s request to relocate A.H. to Florida. Finds the trial court did not err in finding that Harmon’s financial circumstances and her desire to obtain better housing and to live with her husband and child in one location were legitimate reasons causing a good faith relocation. Also finds the trial court did not err in concluding that Harmon’s decision to relocate the child to Florida was in the child’s best interests.

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