Opinions Feb. 5, 2021

Indiana Court of Appeals
Ronnie L. Brown v. State of Indiana
Reverses the revocation of Ronnie L. Brown’s probation. Finds the Delaware Circuit Court did not abuse its discretion when it revoked Brown’s probation for having missed an undetermined number of appointments with his probation officer, but did abuse its discretion when it ordered Brown to serve the entire remaining term of 16 years and 205 days in the Department of Correction as a result of those technical violations. Remands to the trial court with instructions that the court sentence Brown in a manner commensurate with the severity of missed appointments with his probation officer.

Ronald J. Wolfe v. Max Weaver, et al. (mem. dec.)
Civil plenary. Affirms the Miami Circuit Court’s grant of summary judgment to third-party defendants Max Weaver, et al. in a negligence suit over a property deed dispute involving railroad right-of-way. Finds no error in the trial court’s ruling.

City of Indianapolis v. John P. Young, Special Administrator of the Estate of Etta Fairchild (mem. dec.)
Civil tort. Affirms the denial of the city of Indianapolis’ motion for summary judgment in a lawsuit seeking damages after Etta Fairchild fell on a sidewalk. Finds the Marion Superior Court did not err in determining the city is not entitled to immunity under the Indiana Tort Claims Act for its failure to follow its own priority rating procedure for defective sidewalks after Fairchild complained of the sidewalk’s defective condition.

Ronda L. Phillips v. State of Indiana (mem. dec.)
Criminal. Affirms Ronda Phillips’ convictions in Dubois Circuit Court of misdemeanor disorderly conduct and resisting arrest, finding that a reasonable factfinder could conclude the state proved the elements of both charges beyond a reasonable doubt.

Juan Roberto Rodriguez-Posas v. State of Indiana (mem. dec.)
Criminal. Majority of judges Margret Robb and L. Mark Bailey reverses Juan Roberto Rodriguez-Posas’ two-year executed sentence for conviction of Level 5 felony domestic battery causing bodily injury to a pregnant family member, finding the sentence inappropriate based on Rodriguez-Posas’ character and the nature of the offense. Remands for the Tippecanoe Circuit Court to order his sentence revised to time served, noting he has served more than 90 percent of the ordered sentence. Judge Elizabeth Tavitas dissents and would affirm the trial court, finding nothing about Rodriguez-Posas’ below-advisory sentence warrants further downward revision.

Lucretia Mae Joyce v. State of Indiana (mem. dec.)
Criminal. Affirms Lucretia May Joyce’s conviction of Class C misdemeanor reckless driving, finding no error in the Vanderburgh Superior Court’s judgment or in the prosecutor’s method of filing charges.

Termination: S.T. v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the Elkhart Circuit Court order terminating father S.T.’s parental rights to his three children, finding the order supported by ample, clear and convincing evidence.

Termination: J.F. v. Indiana Department of Child Services (mem. dec.)
Affirms the Allen Superior Court’s termination of mother J.F’s parental rights to her minor daughter B.K., concluding “It would be folly to suggest that the juvenile court’s decision to terminate Mother’s parental rights was anything but proper under the circumstances.”

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