Opinions Jan. 24, 2020

Indiana Court of Appeals
Stephen W. Peele v. State of Indiana
19A-CR-1775
Criminal. Reverses the dismissal of Stephen Peele’s petition for removal from the Indiana Sex Offender Registry. Finds the Marion Superior Court erred in dismissing Peele’s petition, finding Peele properly brought his petition for removal within a criminal cause in a qualifying court. Remands with instructions to the trial court to consider the merits of Peele’s petition.

Demario Dajuan Barnes v. State of Indiana (mem. dec.)
19A-CR-1720
Criminal. Affirms the Lake Superior Court’s order that Demario Barnes serve the remainder of his three-year sentence in the Department of Correction for violating his community corrections placement.

In the Matter of the Termination of the Parent-Child Relationship of H.M. (Minor Child); S.M. (Father) v. Indiana Department of Child Services (mem. dec.)
19A-JT-1671
Juvenile termination. Affirms the termination of S.M.’s parental rights over his minor child, H.M. Finds the evidence is sufficient to show that the conditions that resulted in the child’s removal will not be remedied.

Justin Stein v. Heather Stein (mem. dec.)
19A-DC-1306
Domestic relations with children. Affirms the Spencer Circuit Court’s award of all of Justin Stein’s interest in Stein Turkey Farm, LLC to him and its order of an equal division of the marital estate between Justin and Heather Stein. Finds the trial court did not abuse its discretion in ordering an equal division of the marital estate.

Shaun L. Steele v. State of Indiana (mem. dec.)
19A-CR-79
Criminal. Affirms the Elkhart Superior Court’s denial of Shaun Steele’s motion to correct erroneous sentence. Finds the trial court did not abuse its discretion when it denied the motion.

Shonika Vashae Drones v. State of Indiana (mem. dec.)
19A-CR-1442
Criminal. Affirms Shonika Drones’ conviction of Level 2 felony attempted robbery resulting in serious bodily injury, Level 3 felony attempted armed robbery, and Class A misdemeanor false informing. Finds Drones failed to establish that the denial of her motion resulted in prejudice. Finds the trial court did not abuse its discretion by admitting certain testimony at trial.

Melissa Evol v. State of Indiana (mem. dec.)
19A-CR-1696
Criminal. Affirms the Vermillion Circuit Court’s imposition of Melissa Evol’s previously suspended sentence in the Indiana Department of Correction after the revocation of her probation. Finds the trial court did not abuse its discretion by ordering the remainder of her sentence served in the DOC.

In the Matter of the Termination of the Parent-Child Relationship of S.B. (Minor Child); T.B. (Father) v. Indiana Department of Child Services (mem. dec.)
19A-JT-1465
Juvenile termination. Affirms the termination of T.B.’s parental rights over his minor child S.B. Finds the Allen Superior Court did not clearly err when it concluded that there is a reasonable probability that the conditions that resulted in the Child’s removal or the reasons for placement outside of Father’s home will not be remedied.

Joshua A. Flores v. State of Indiana (mem. dec.)
19A-CR-2006
Criminal. Affirms Joshua Flores’ conviction of Level 5 felony domestic battery resulting in serious bodily injury and two counts of Class A misdemeanor domestic battery. Finds the errors alleged by Flores are not so prejudicial to his rights to make a fair trial impossible.

David Disbro v. State of Indiana (mem. dec.)
19A-CR-1836
Criminal. Affirms the sanction imposed on David Disbro for his violation probation. Finds no abuse of discretion in ordering him to serve the 900 days of his previously suspended sentence in the Department of Corrections.

John Won Kim v. Mi Chong Kim (mem. dec.)
19A-DN-1143
Domestic relations, no children. Affirms the dissolution of marriage between John Won Kim and Mi Chong Kim and an order from the Hancock Circuit Court that Husband pay Wife spousal maintenance in the amount of $1,500 per month. Finds the order was within the trial court’s authority without a separate, specific pleading requesting such by Wife, among other things.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of: M.C., J.’V.C., and Ja.C. (Minor Children), and A.D. (Mother), et al. v. The IN Dept. of Child Services (mem. dec.)
19A-JT-1391
Juvenile termination. Affirms the termination of J.C. and A.D.’s parental rights to M.C., Ja.C., and J.’V.C. Finds the termination is not clearly erroneous.

In the Matter of the Termination of the Parent-Child Relationship of H.M. and S.B. (Minor Children); W.C. (Mother) v. Indiana Department of Child Services (mem. dec.)
19A-JT-1607
Juvenile termination. Affirms the termination of W.C.’s parental rights to her minor children, H.M. and S.B. Finds the termination is in the children’s best interests.

Robert A. Wilson, Jr. v. State of Indiana (mem. dec.)
19A-CR-1819
Criminal. Affirms the revocation of Robert Wilson’s probation and the order that he serve six years of his previously remanded sentence. Finds the Madison Circuit Court did not abuse its discretion when it admitted hearsay statements, sufficient evidence supported its revocation determination, and its imposition of part of Wilson’s previously suspended sentence was within its discretion.

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