Opinions Jan. 30, 2020

Indiana Court of Appeals
City of Bloomington Board of Zoning Appeals v. UJ-Eighty Corporation
19A-PL-00457
Civil plenary. Majority affirms the Monroe Circuit Court’s grant of UJ-Eighty Corp.’s petition seeking judicial review of the Bloomington Board of Zoning Appeals’ decision that affirmed the issuance of two notices of violation against UJ-Eighty. Finds the City of Bloomington improperly delegated authority to Indiana University in violation of the Due Process Clause of the Fourteenth Amendment. Affirms that the ordinance unconstitutionally violates due process. Judge L. Mark Bailey dissents with opinion.

Joseph K. Smith v. State of Indiana
19A-CR-1515
Criminal. Affirms Joseph Smith’s convictions of Level 1 felony rape, Level 5 felony criminal confinement, Level 6 felony strangulation and Class A misdemeanor domestic battery. Finds the Marion Superior Court did not abuse its discretion when it excluded evidence of J.R.’s post-assault sexual history or when it denied Smith’s motion for mistrial.

In the Matter of B.B., A Child Alleged to be a Delinquent v. State of Indiana
19A-JV-1803
Juvenile. Affirms B.B.’s adjudication in Fulton Circuit Court as a delinquent for an act that would be considered Level 6 felony intimidation if committed by an adult for threatening a school shooting. Finds sufficient evidence to support the adjudication.

Charles R. Tyson v. State of Indiana
19A-CR-1813
Criminal. Affirms Charles Tyson’s conviction for Class A misdemeanor resisting law enforcement. Finds sufficient evidence to sustain Tyson’s conviction in Henry Circuit Court.

Anthony Padgett v. Keith Butts (Warden of New Castle Correctional Facility), et al. (mem. dec.)
19A-MI-1092
Miscellaneous. Reverses the Henry Circuit Court’s denial of Anthony Padgett’s petition for writ of habeas corpus. Finds the trial court should have treated Padgett’s petition for writ of habeas corpus as a petition for postconviction relief. Remands for further proceedings.

Shawn Marshall v. State of Indiana (mem. dec.)
19A-CR-1746
Criminal. Affirms Shawn Marshall’s six-year sentence for conviction of Level 5 felony escape. Finds the six-year maximum sentence imposed by the Decatur Superior Court is not inappropriate in light of the nature of the offense and Marshall’s character. Remands with instructions to vacate Marshall’s Level 6 felony resisting law enforcement conviction.

Qashaun Thomas v. State of Indiana (mem. dec.)
19A-CR-1711
Criminal. Affirms the sanction imposed on Qashaun Thomas following the revocation of his commitment to work release. Finds the Madison Circuit Court did not abuse its discretion when it ordered Thomas to serve four years in the DOC following the revocation of his work release commitment.

Nicole M. Davis v. Daniel J. Somers (mem. dec.)
18A-JP-2003
Juvenile paternity. Affirms the Lake Superior Court’s award of sole custody of Daniel Somers’ child with Nicole Davis and its order denying Davis’ petition to modify and/or suspend the parenting time of Somers. Finds the evidence supports to juvenile court’s findings to deny Mother’s request to modify the parties’ parenting time arrangement.

Tiffany Boone v. Federico Ramirez (mem. dec.)
19A-JP-1823
Juvenile paternity. Affirms the Hamilton Superior Court’s order indicating that Tiffany Boone and Federico Ramirez share joint legal and physical custody of their child, among other things. Finds the trial court did not abuse its discretion in ordering Boone to pay $12,000 of Ramirez’s attorney fees or in finding the child’s name change was in the child’s best interest.

In the Matter of: L.J.Y. (Minor Child), And J.Y. (Father) v. The Indiana Department of Child Services (mem. dec.)
19A-JC-1652
Juvenile CHINS. Affirms the Allen Superior Court’s adjudication of J.Y.’s minor child L.J.Y. as a child in needs of services. Finds sufficient evidence to support the CHINS adjudication. Also finds that the trial court’s failure to complete the factfinding hearing on DCS’s CHINS petition within the statutory timeframe did not constitute error, among other things.

In the Matter of J.J-B., (Minor Child), Child in Need of Services and J.B. (Mother) v. The Indiana Department of Child Services and Child Advocates, Inc. (mem. dec.)
19A-JC-1989
Juvenile CHINS. Affirms the adjudication of J.B.’s minor child as a child in need of services. Finds J.B. was not denied procedural due process in Marion Superior Court.

David J. Christner v. Jon A. Ward (mem. dec.)
19A-CT-1009
Civil tort. Affirms the Hamilton Superior Court’s $500,000 judgment entered in Jon Ward’s favor after a jury concluded that David Christner negligently caused an automobile accident. Finds the trial court’s limiting instruction did not prevent Christner from adequately presenting his defense at trial.

Jason L. Anderson v. State of Indiana
19A-CR-2003
Criminal. Affirms the LaPorte Superior Court’s revocation of Jason Anderson’s probation. Finds sufficient evidence to prove that Anderson committed federal firearms offenses during his probationary period.

In the Termination of Parent-Child Relationship of: J.I. & K.I. (Minor Children) and B.W. (Mother) v. The Indiana Department of Child Services (mem. dec.)
19A-JT-1773
Juvenile termination. Affirms the termination of B.W.’s parental rights to her two minor children, J.I. and K.I. Finds the Kosciusko Superior Court’s decision to terminate B.W.’s parental rights was not contrary to law and that there is sufficient evidence to prove the termination was in the children’s best interests.

Michael Anthony Fisher v. State of Indiana (mem. dec.)
19A-CR-1922
Criminal. Affirms Michael Fisher’s four-year sentence for conviction of Level 5 felony dealing in a narcotic drug and Level 6 felony resisting law enforcement. Declines to review the weight given by the Lake Superior Court when considering improper aggravators and mitigating circumstances.

Brett Michael Horein v. State of Indiana (mem. dec.)
19A-CR-1966
Criminal. Affirms Brett Horein’s conviction of Class A misdemeanor conversion. Finds sufficient evidence to support his conviction and declines to reweigh the evidence and reassess the St. Joseph Superior Court’s credibility determination.

A.W. v. State of Indiana (mem. dec.)
19A-JV-1789
Juvenile. Affirms A.W.’s commitment to the Indiana Department of Correction for a recommended term of six months. Finds the Marion Superior juvenile court did not abuse its discretion in its order and that there is sufficient evidence to support it.

1st Response Automotive Repair, 1st Response Towing & Recovery, and Roger Jackson, Jr. v. Brian Ard (mem. dec.)
19A-EX-1571
Agency. Affirms the Worker’s Compensation Board of Indiana’s decision finding Brian Ard to be an employee of 1st Response Automotive Repair, 1st Response Towing & Recovery, and Roger Jackson, Jr. Finds no error in the board’s determination.

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