Opinions Jan. 31, 2022

Keywords Opinions

Court of Appeals of Indiana
Robert R. Wilmsen v. State of Indiana
Criminal. Affirms Robert Wilmsen’s aggregate 190-year sentence for conviction of three counts of Level 1 felony child molesting; Level 1 felony attempted child molesting; two counts of Level 4 felony sexual misconduct with a minor; Level 4 felony attempted sexual misconduct with a minor; two counts of Level 5 felony sexual misconduct with a minor; and one count of Level 6 felony dissemination of matter harmful to minors. Also finds he is a repeat sex offender. Concludes Wilmsen’s sentence is not inappropriate in light of the nature of the offense and his character.

Ashley N. Garth v. State of Indiana
Criminal. Affirms Ashley Garth’s conviction for murder and conspiracy to commit murder. Finds the trial court did not abuse its discretion in its evidentiary and mistrial rulings. Finds that Garth’s convictions are supported by sufficient evidence and do not violate double jeopardy.

Matthew Marchino, as next best friend of Marcellus Marchino v. Woodrow J. Stines and Rex Lott
Civil Tort. Affirms Marion Superior Court’s grant of summary judgment to Rex Lott. Finds the landlord, Lott, provided evidence that he not have control of the duplex when the pit bull owned by one tenant bit the son of the other tenant. The father of the boy failed to come forward with contrary evidence establishing a genuine issue of material fact concerning Lott’s control of the property. Judge Melissa May concurred in result.

Casey Hopkins and Terry Yarbrough, as Parents and Next Friends of DeShawn Yarbrough v. Indianapolis Public Schools d/b/a Ralph Waldo Emerson School 58
Civil Tort. Reverses Marion Superior Court’s grant of summary judgment in favor of Indianapolis Public Schools on the negligence brought by the parents, Casey Hopkins and Terry Yarbrough. Finds the school may not claim immunity under Indiana Code section 34-13-3-3(8) when sued regarding its own compliance, or failure to comply, with laws and regulations or a school policy. Rules because the material facts appear to be disputed, the school’s immunity claim pursuant to Indiana Code section 34-13-3-3(10) fails.

Richard Kelly v. Wexford of Indiana, LLC and Robert Carter (mem. dec.)
Civil plenary. Affirms the dismissal of Richard Kelly’s amended complaint against Wexford of Indiana, LLC and Robert Carter in his capacity as the Commissioner of the Indiana Department of Correction for failure to state a claim. Finds the COA is unable to discern Kelly’s arguments of trial court error. Thus, finds Kelly has not demonstrated reversible error.

Roosevelt Mack, et al. v. State of Indiana (mem. dec.)
Criminal. Affirms the denial of presentence credit time to Roosevelt Mack and Ian Perry in their consolidated appeal after separately being charged with Level 5 felony battery resulting in bodily injury to a public safety official. Finds the trial court did not err by denying the appellants’ requests for credit for time confined prior to sentencing in the underlying felony cases.

Timothy Manges v. State of Indiana (mem. dec.)
Criminal. Dismisses Timothy Manges’ appeal following the denial of his verified petition for placement in community transition program under Indiana Code section 35-38-1-25. Finds that because Manges no longer wants to participate in the community-transition program, the COA cannot grant him effective relief.

Maria G. Rocha v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Maria Rocha’s probation. Finds the Spencer Circuit Court did not abuse its discretion when it admitted the affidavit as evidence at Rocha’s probation revocation hearing.

In the Matter of the Termination of the Parent-Child Relationship of: V.A. (Minor Child), and K.A. (Father) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination. Affirms the involuntary termination of K.A.’s parental rights to his child, V.A. Finds the Allen Superior Court did not clearly erred in finding a reasonable probability exists that the conditions resulting in V.A.’s removal and the reasons for placement outside Father’s care will not be remedied.

K.C. v. B.M. (mem. dec.)
Protective order. Affirms the Jay Circuit Court’s order of protection against K.C. for B.C. Finds B.M. presented evidence of probative value to establish by a preponderance of the evidence that K.C.’s conduct directed at him consisted of repeated or continuing impermissible contact that would cause a reasonable person to suffer emotional distress and actually caused B.M. to suffer emotional distress, which supported the issuance of the protective order.

Timothy R. Prince, II v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Timothy R. Prince, II his probation and ordered him to serve a 1,600 days of his previously suspended sentence in the Indiana Department of Correction. Finds the trial court’s decision was not clearly against the logic and effect of the facts and circumstances.

James E. McCoy v. State of Indiana (mem. dec.)
Criminal. Affirms James E. McCoy’s convictions for possession of methamphetamine as a Level 6 felony and possession of paraphernalia as a Class C misdemeanor. Finds McCoy has not demonstrated a violation of his rights.

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