Opinions Feb. 22, 2023

  • Print
Listen to this story

Subscriber Benefit

As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe Now
This audio file is brought to you by
Loading audio file, please wait.
  • 0.25
  • 0.50
  • 0.75
  • 1.00
  • 1.25
  • 1.50
  • 1.75
  • 2.00

Court of Appeals of Indiana
April L. Chauncy v. State of Indiana
Criminal. Affirms the Shelby Superior Court’s denial of April Chauncy’s motion to suppress evidence found during an automobile she was a passenger in. Finds the trial court did not err in determining the police had reasonable suspicion to stop the vehicle.

Alexis Bernaye Toney v. State of Indiana (mem. dec.)
Criminal. Affirms Alexis Bernaye Toney’s conviction Level 6 felony theft. Finds Toney did not demonstrate an abuse of the Clark Circuit Court’s discretion in the admission of evidence. Also finds sufficient evidence supports the elevation of the offense to a Level 6 felony.

Joseph C. Ross v. State of Indiana (mem. dec.)
Criminal. Affirms Joseph Ross’ conviction of operating a vehicle while intoxicated endangering a person. Finds the evidence is sufficient to support the conviction.

Antonio Dion Williams v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Antonio Dion Williams’ probation. Finds Williams was given an opportunity to offer mitigating evidence and was not entitled to a further hearing.

BP2 Construction, LLC v. Board of Zoning Appeals of the City of Seymour (mem. dec.)
Civil plenary. Affirms the Jackson Superior Court’s order affirming the city of Seymour’s Board of Zoning Appeals’ denial of BP2 Construction LLC’s use variance. Finds the BZA did not err.

Charles B. Kallas v. Lake County Board of Elections and Registration (mem. dec.)
Civil plenary. Affirms the Lake Superior Court’s denial of Charles Kallas’ petition for judicial review following an adverse decision by the Lake County Board of Elections and Registration, and the denial of Kallas’ motion to correct error and motion to set aside the judgment. Finds the designated evidence is insufficient as a matter of law to show that Kevin Smith was a member of either of the candidate’s committees. Also finds Kallas has not preserved his various due process arguments for judicial or appellate review. Finally, finds the trial court did not impose any improper procedures on Kallas, nor did it abuse its discretion when it denied his motion to correct error and motion to set aside the judgment.

Kevin Todd Jones, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms Kevin Jones’ conviction of invasion of privacy after violating a no contact order. Finds the state presented sufficient evidence to support the conviction.

In the Termination of Parent-Child Relationship of: J.P.M and J.A.M. (Minor Children) and H.M. (Mother) and D.M. (Father) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of mother H.M.’s parental rights to J.A.M. and J.P.M. and father D.M.’s parental rights to J.A.M. Finds the Tippecanoe Superior Court did not abuse its discretion in denying H.M.’s motion to continue the termination factfinding hearing. Also finds the trial court’s conclusion that there was a reasonable probability that the conditions resulting in J.A.M.’s removal would not be remedied is supported by sufficient evidence.

Marcia A. Nix v. Edward F. Nix (mem. dec.)
Domestic relations no children. Reverses the Allen Circuit Court’s decree of dissolution of the marriage of Marcia and Edward Nix marriage. Finds the trial court did abuse its discretion when it NX Enterprises Inc. Remands with instructions for the court to assign a value to NXE within the range of values put forth by Marcia and Edward, between $470,000 and $992,100, which is the only competent evidence of the business’s value.

In the Matter of: Ja.P., Jl.P., Jy.P., Jo.P. (Minor Children) J.C.P. (Father) v. Indiana Department of Child Services (mem. dec.)
Juvenile CHINS. Affirms the determination that father J.C.P.’s four children are children in need of services as a result of abuse and illegal drug use. Finds the Department of Child Services’ evidence was sufficient to establish by a preponderance of the evidence that the parents’ inadequate care and supervision seriously endangered or impaired the children’s physical or mental health and that the children’s physical or mental health is seriously endangered due to the parents’ injuries to them. Also finds the record makes clear that the children would not receive the care, treatment or rehabilitation they need absent court intervention.

Please enable JavaScript to view this content.

{{ articles_remaining }}
Free {{ article_text }} Remaining
{{ articles_remaining }}
Free {{ article_text }} Remaining Article limit resets on
{{ count_down }}