Opinions Feb. 27, 2020

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Indiana Court of Appeals
Kosciusko County Community Fair Inc. v. Mary Clemens, et al.
Civil plenary. Affirms the Kosciusko Circuit Court’s order finding a restrictive covenant related to motorized racing is enforceable on property owned by Kosciusko County Community Fair, Inc. Finds the fair’s claims on appeal are meritless, and concludes an award of damages, including appellate attorney fees, is appropriate. Remands for a determination of damages pursuant to Ind. Appellate Rule 66(E).

R.H. v. S.W.
Protective order. Reverses the Jefferson Circuit Court’s protective order and denial of R.H.’s motion to correct error. Finds R.H. has presented a case of prima facie error and that there was insufficient evidence to support the issuance of a protective order against him.

Brittany Nicole Mullins v. State of Indiana
Criminal. Affirms Brittany Mullins’ aggregate 24½-year sentence for conviction of Level 2 felony conspiracy to commit dealing in methamphetamine and two counts of Level 2 felony dealing in methamphetamine in cause no. 79D02-1904-F2-18. Also affirms her Level 4 felony dealing in methamphetamine conviction in cause no. 79D02-1808-F4-34. Finds the Tippecanoe Superior Court did not abuse its discretion. Judge Terry Crone dissents with opinion.

Alvin Coleman Carter v. State of Indiana (mem. dec.)
Criminal. Affirms Alvin Carter’s conviction in Marion Superior Court of Class A misdemeanor carrying a handgun without a license and one of his Class B misdemeanor convictions. Finds his convictions for Class B misdemeanors disorderly conduct and public intoxication, respectively, violate principles of double jeopardy. Remands with instructions to vacate Carter’s other Class B misdemeanor conviction and resentence him accordingly.

William Brandon Roundtree v. State of Indiana (mem. dec.)
Criminal. Affirms William Roundtree’s 2½-year sentence for conviction in Cass Superior Court of Level 6 felony theft. Finds his placement at the Indiana Department of Corrections, instead of community corrections, is not inappropriate.

In Re: The Termination of the Parent-Child Relationship of B.M. (Minor Child); B.Z. (Mother) v. The Indiana Department of Child Services (mem. dec.)
Juvenile termination. Affirms the termiantion of B.Z.’s parental rights to her child, B.M. Finds sufficient evidence to support the Clark Circuit Court’s decision to terminate the parent-child relationship.

Charles Rupley v. Michael L. Rupley, Jr., et al. (mem. dec.)
Estate, supervised. Affirms the St. Joseph Circuit Court’s dismissal of Charles Rupley’s claim against his father’s estate as time barred under Ind. Code §§ 29-1-7-7(e) and 29-1-14-1(d) because it was filed more than nine months after his father’s death.

Kyle L. Combs v. State of Indiana (mem. dec.)
Criminal. Affirms Kyle Combs’ convictions of Level 4 felony burglary, Level 5 felony domestic battery, and Class A misdemeanor invasion of privacy. Finds sufficient evidence to support the burglary conviction. Finds no abuse of the Delaware Circuit Court’s discretion in admitting the victim’s prior sworn written statement.

In Re: The Matter of the Termination of the Parent-Child Relationship of T.L. (Minor Child); L.L. (Mother) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination. Affirms the termination of L.L.’s parent-child relationship with her child, T.L. Finds sufficient evidence was presented in Elkhart Circuit Court to support the termination.

T.J.W. v. K.M.W. (mem. dec.)
Domestic relations with children. Affirms the Marion Superior Court’s denial of mother’s request to have father contribute toward her attorney fees. Finds the trial court did not err in allowing the therapeutic and educational plan for their son. Finds the court did not err by addressing unresolved personal-property issues.

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