Indiana Court of Appeals
First Chicago Insurance Company v. Candace Collins, et al.
Civil plenary. Finds the Marion Superior Court did not abuse its discretion in granting Robin Dunn’s motion for relief from default judgment, as Dunn showed a meritorious defense and misconduct of an adverse party under Trial Rule 60(B)(3). Reverses the order requiring that First Chicago Insurance Company make up to $25,000 available for Dunn’s claims. Remands for proceedings.
F.H. v. State of Indiana
Juvenile. Remands to Hendrick Superior Court for a correction in a dispositional order entered upon F.H.’s admission that he is a delinquent child for having possessed a firearm. Instructs the juvenile court to vacate the portion of its order committing F.H. to the Department of Correction until his 18th birthday.
In the Matter of the Involuntary Termination of the Parent-Child Relationship of: K.T. (Minor Child) M.T. Mother v. Indiana Department of Child Services (mem. dec.)
Juvenile termination. Affirms the termination of M.T.’s parental rights to her child, K.T. Finds the Floyd Circuit Court’s determination that termination is in K.T.’s best interests is supported by clear and convincing evidence.
David P. Guerriero v. State of Indiana (mem. dec.)
Criminal. Affirms David P. Guerriero’s convictions in Hendricks Superior Court of two counts of Level 4 felony child molesting and two counts of Level 4 felony sexual misconduct with a minor. Finds sufficient evidence to support the convictions.
Gregory Anthony Runau v. State of Indiana (mem. dec.)
Criminal. Affirms Gregory Anthony Runau’s eight-year sentence in Vanderburgh Circuit Court for conviction of Level 4 felony child molesting and the concurrent 547-day sentence for conviction of Level 6 felony sexual misconduct with a minor. Finds his aggregate sentence of eight years is not inappropriate. However, finds Runau’s 547-day sentence for Class B misdemeanor false informing is unauthorized by statute. Revises that sentence to 180 days and remands for correction of the record.
Dalvonte Jones v. State of Indiana (mem. dec.)
Post conviction. Dismisses Dalvonte Jones’ attempt to belatedly appeal the Marion Superior Court’s denial of his petition for post-conviction relief. Finds Jones forfeited his right to appeal the denial of his PCR petition.
Shane A. Halsema v. State of Indiana (mem. dec.)
Criminal. Affirms Shane Halsema’s aggregate seven-year sentence for conviction of Level 6 felony counts of battery resulting in moderate bodily injury and residential entry, and his adjudication as a habitual offender. Finds the Tippecanoe Superior Court acted within its discretion in sentencing him.
Curtis Gene Palmer v. State of Indiana (mem. dec.)
Criminal. Affirms Curtis Gene Palmer’s aggregate 12-year sentence for conviction of three counts of Class D felony theft and to being a habitual offender. Finds Palmer has not shown that his sentence imposed in Monroe Circuit Court is inappropriate in light of the nature of the offense and his character.
Terald A. Walthour v. State of Indiana (mem. dec.)
Criminal. Affirms Terald Walthour’s 30-year sentence for conviction of Level 1 felony attempted murder. Finds the Clark Circuit Court did not abuse its discretion when it denied Walthour’s motion to withdraw his guilty plea made after he entered that plea, but before sentencing. Finds the sentence is not inappropriate in light of the nature of Walthour’s offense and his character.