Opinions Dec. 6, 2022

Keywords Opinions

Court of Appeals of Indiana
In the Matter of: K.G., T.L.J.
22A-MI-502
Miscellaneous. Affirms in part the Orange Circuit Court’s denial of mother T.L.J.’s request to change the gender marker on her transgender daughter K.D.G.’s birth certificate. Finds Indiana Code § 16-37-2-10 doesn’t provide the court with the authority to grant the requested relief. Also finds the trial court’s lack of findings means the Court of Appeals cannot ascertain why the court found that T.L.J. failed to meet her burden of proving that the requested change was in K.D.G.’s best interests. Remands to the trial court with instructions to make additional factual findings explaining its decision, focusing specifically on I.C. 317-17-2-8.

Deon Willford v. State of Indiana
21A-XP-2426
Expungement. Reverses the denial of Deon Willford’s petition for expungement. Finds the Marion Superior Court erred by denying Willford’s petition to expunge his battery conviction because his conviction was not of the type that requires the state’s consent. Remands for consideration on the merits.

Deangello Davis v. State of Indiana (mem. dec.)
22A-CR-1120
Criminal. Affirms Deangello Davis’ aggregate sentence of 25 years, with two years suspended, for Level 4 felony sexual misconduct with a minor, level 3 felony battery and level 5 felony battery. Finds Davis has failed to identify an abuse of sentencing discretion necessitating remand for resentencing. Also finds the sentence isn’t inappropriate.

Kisare Oteno Makori v. State of Indiana (mem. dec.)
22A-CR-1503
Criminal. Affirms the order finding Kisare Makori violated the conditions of his community corrections placement and the imposition of 54 months of his previously suspended sentences. Finds the state presented sufficient evidence to support a finding that Makori violated the conditions of his community corrections placement. Also finds the St. Joseph Superior Court did not abuse its discretion by imposing 54 months of Makori’s previously suspended sentences.

Austin Frawley v. State of Indiana (mem. dec.)
22A-CR-4
Criminal. Affirms Austin Frawley’s conviction of murder. Finds Frawley has failed to prove that the Madison Circuit Court abused its discretion in refusing to instruct the jury on voluntary or involuntary manslaughter.

Scott A. Marvin v. State of Indiana (mem. dec.)
22A-CR-1647
Criminal. Affirms Scott Marvin’s conviction of Level 5 felony intimidation. Finds the state presented sufficient evidence to rebut Marvin’s claim of self-defense.

Treonte D. Cross v. State of Indiana (mem. dec.)
22A-CR-73
Criminal. Affirms Treonte Demonte Cross’ conviction of Level 4 felony unlawful possession of a firearm by a serious violent felon. Finds the LaPorte Circuit Court did not commit fundamental error in permitting Cross to be tried in a single-phase proceeding on the SVF charge. Also finds there was no error when the jury was presented with evidence of Cross’ prior conviction and evidence that the handgun seized from the vehicle had been reported stolen.

A.M. v. State of Indiana (mem. dec.)
22A-JV-755
Juvenile. Affirms A.M.’s adjudication as a juvenile delinquent based on true findings for the offenses of Level 2 felony burglary and Class A misdemeanor resisting law enforcement if committed by an adult. Finds the evidence and the inferences therefrom constitute substantial evidence of probative value to support the judgment.

Singleton St. Pierre Realty Investments, LLC v. Estate of William E. Singleton (mem. dec.)
22A-PL-890
Civil plenary. Affirms the denial of summary judgment to Singleton St. Pierre Realty Investments LLC and the grant of summary judgment to the Estate of William E. Singleton, as well as the award of attorney fees to the estate. Finds the Marion Superior Court did not err in granting the estate’s summary judgment motion and in denying SSP’s summary judgment motion on the estate’s claim for breach of a purchase and sale agreement. Also finds the trial court did not err in denying SSP’s summary judgment motion and granting the estate’s summary judgment motion on SSP’s claim for breach of a loan sale agreement. Finally, finds the trial court did not abuse its discretion in awarding the estate attorney fees.

In the Matter of the Commitment of T.P.; T.P. v. Adult & Child Health (mem. dec.)
22A-MH-1108
Mental health. Reverses the grant of Adult and Child Health’s request for a regular outpatient commitment of T.P. Finds ACH failed to present sufficient evidence that T.P. was gravely disabled, so the Johnson Superior Court erred by granting ACH’s petition for a regular commitment of T.P.

Ronald E. Davidhizar v. City of Goshen (mem. dec.)
22A-PL-1006
Civil plenary. Affirms the demolition order, reviewed by the Goshen Board of Public Works, for a home owned by Ronald Davidhizar. Finds Davidhizar failed to object to any of the Board of Works’ hearings in this case that evidence was not being properly admitted, so he did not preserve that issue for appellate review. Also finds the Board of Works did not clearly err in ordering that the house be demolished, and any error in Mayor Jeremy Stutsman and Michael Landis, both board members, speaking before recusing themselves can only be considered harmless. Finally, finds Davidhizar cites to no authority for the proposition that a change in the composition of an adjudicative body — here, the Board of Works — requires that the demolition order should not have been affirmed. 

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