Opinions July 29, 2021

Indiana Court of Appeals

State of Indiana v. Aaron L. Riggs, II
20A-CR-2144
Criminal. Affirms the Daviess Superior Court’s order holding that Indiana Code § 35-40-5-11.5 was unenforceable because it conflicts with the trial rules, and granting defendant Aaron L. Riggs II’s request to depose the alleged child victim in his child molesting case. Finds that any substantive provisions of the child deposition statute do not exempt the procedural provisions of the statute from the general rule that Indiana Trial Rules supersede conflicting procedural statutes. Also finds that the procedural provisions of the statute conflict with the trial rules, so the procedural provisions are unenforceable.

Roseline Bixler v. Ryan Hunt (mem. dec.)
20A-DR-1495
Domestic relations. Affirms the grant of father Ryan Hunt’s petition to modify custody of M.H., his daughter with Roseline Bixler. Finds Bixler has failed to establish that the Vigo Superior Court clearly erred by finding a substantial change of circumstances.

In the Matter of Y.L.Y. and T.Y. (Minor Children), and S.Y. (Mother) v. Indiana Department of Child Services (mem. dec.)
20A-JT-2345
Juvenile termination of parental rights. Affirms the involuntary termination of mother S.Y.’s parental rights to Y.L.Y. and T.Y. Finds the St. Joseph Probate Court’s findings support its conclusion that the conditions under which the children were removed from mother’s care would not be remedied.

D.E. v. T.E. (mem. dec.)
20A-PO-2364
Protective order. Affirms the grant of T.E.’s petition for an order of protection against D.E. Finds the Howard Superior Court’s granting of T.E.’s petition for order of protection was not clearly erroneous.

Kevin Martin v. Richard Brown (mem. dec.)
21A-CT-85
Civil tort. Affirms the grant of summary judgment to nine Indiana Department of Correction officials on inmate Kevin Martin’s complaint. Finds the Sullivan Superior Court did not abuse its discretion in denying Martin’s motion for leave to file an amended complaint. Also finds Martin’s claims are waived due to lack of cogency. Waiver notwithstanding, finds Martin failed to establish that there are genuine issues of material fact, so the trial court properly granted summary judgment to the defendants.

Michael Maurice Bishop v. State of Indiana (mem. dec.)
21A-CR-350
Criminal. Affirms Michael Maurice Bishop’s conviction of Class A misdemeanor carrying a handgun without a license. Finds the state presented sufficient evidence to prove Bishop constructively possessed the handgun found under his seat in the car.

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