Opinions June 6, 2023

  • Print

Court of Appeals of Indiana
H.P. and S.P. v. G.F.
22A-AD-2674
Adoption. Reverses the Hendricks Superior Court’s judgment granting G.F. grandparent visitation with K.F. Finds G.F. no longer has standing to seek grandparent visitation and his attempt to regain standing by attacking the adoption decree is fruitless given the applicable statute of limitations. Also finds the trial court erred by addressing the merits of the grandfather’s claim for grandparent visitation under the Grandparent Visitation Act.

Jeremy W. Davidson v. State of Indiana (mem. dec.)
22A-CR-1788
Criminal. Affirms Jeremy W. Davidson’s 220-year sentence for his conviction of five counts of Level 1 felony child molesting and a habitual offender enhancement. Finds Davidson has not met his burden to persuade the appellate court that his sentence is inappropriate. Also finds the Carroll Circuit Court did not abuse its sentencing discretion.

A.M. v. S.R. (mem. dec.)
22A-AD-2254
Adoption. Affirms the denial of stepfather A.M.’s petition to adopt H.R. Finds the Noble Circuit Court did not clearly err by determining that father S.R.’s consent to the adoption was required. Also finds A.M.’s challenge to the trial court’s appointment of pauper counsel for S.R. is not a proper ground for relief.

ROA Indianapolis, LLC, f/k/a FMG Indianapolis, LLC, d/b/a Reagan Outdoor Advertising of Indianapolis v. City of Fishers and DVDRJB Real Estate, Inc. (mem. dec.)
22A-PL-2331
Civil plenary. Affirms the Hamilton Superior Court’s rejection of ROA Indianapolis LLC’s argument that the city of Fishers failed to make the required good faith offer before turning to the courts in a condemnation action. Finds Fishers did make the requisite good faith offer.

Peter D. Farrar v. Sarah D. Farrar (mem. dec.)
22A-DR-2425
Domestic relations. Affirms the Allen Superior Court’s ruling that Sarah Farrar’s actions in a child income tax deductions dispute with Peter Farrar were the product of good faith and not willful disobedience of the court’s dissolution decree. Finds the evidence supports the trial court’s judgment.

Anthony K. Wright v. State of Indiana (mem. dec.)
22A-CR-2542
Criminal. Affirms Anthony K. Wright’s Level 5 felony intimidation conviction. Finds Wright’s words and actions may be considered expressions of an intention to unlawfully injure Jessica Utterback and/or unlawfully subject her to physical confinement or restraint, and those threats were clearly made with the intent that she be placed in fear that the threats would be carried out. Also finds the threats and the unsheathing of the machete “were part of one continuous transaction.”

T.C. v. State of Indiana (mem. dec.)
23A-JV-81
Juvenile. Affirms the Kosciusko Superior Court’s judgment placing T.C. in the Indiana Department of Correction. Finds T.C. waived his due process claim. Also finds the juvenile court adequately articulated its reasoning for committing T.C. to the DOC.

Karen E. Fielder v. State Farm Mutual Automobile Insurance Company (mem. dec.)
23A-SC-412
Small claims. Affirms Hamilton Superior Court’s judgment entered in favor of State farm Mutual Automobile Insurance Company on Karen E. Fielder’s claim that it failed to satisfy its obligations to her pursuant to her automobile insurance policy after her vehicle was damaged by an uninsured motorist. Finds Fielder waived appellate review.

Please enable JavaScript to view this content.

{{ articles_remaining }}
Free {{ article_text }} Remaining
{{ articles_remaining }}
Free {{ article_text }} Remaining Article limit resets on
{{ count_down }}