Opinions March 13, 2024

The following opinion was published after IL’s deadline Tuesday:
Indiana Supreme Court
A.W. v. State of Indiana
23S-JV-40
Juvenile. Affirms that A.W.’s exclusive possession of a handgun—one with a Glock switch attached, which transformed the semiautomatic gun into a fully-automatic one—coupled with his abrupt flight, supports the finding that he “knowingly or intentionally” possessed a machine gun in violation of Indiana Code section 35-47-5-8. Finds that that while Article 1, Section 14 of the Indiana Constitution could apply in juvenile proceedings, constitutional avoidance counsels against deciding that issue. Also finds that the juvenile court’s multiple adjudications violate the substantive prohibition against double jeopardy, and the adjudication that A.W. committed “dangerous possession of a firearm” must be vacated.  Justice Christopher Goff concurs with a separate opinion.

Wednesday opinions
Indiana Court of Appeals
P.S. v. R.S. (mem. dec.)
23A-PO-2159
Protection order. Reverses the Vigo Superior Court’s order denying P.S.’s motion to correct error in which she argued that the trial court erred by sua sponte imposing on the parties a mutual restraining order after the court had denied R.S.’s petition for a protection order. Finds the trial court abused its discretion by denying P.S.’s motion to correct error. Remands with instructions to grant P.S.’s motion to correct error.

In re: the Involuntary Termination of the Parent-Child Relationship of: Z.W. (Minor Child) and J.W. (Mother) v. Indiana Department of Child Services (mem. dec.)
23A-JT-2589
Juvenile termination of parental rights. Affirms the Huntington Circuit Court’s involuntary termination of J.W.’s parental rights to Z.W. Finds the trial court’s findings support its conclusion that the conditions under which the child was removed from the mother’s care would not be remedied.

In the Matter of the Involuntary Termination of the ParentChild Relationship of: T.F. (Minor Child), and A.F. (Mother) and G.F. (Father) v. Indiana Department of Child Services, Vanderburgh County CASA (mem. dec.)
23A-JT-2132
Juvenile termination of parental rights. Affirms the Vanderburgh Superior Court’s involuntary termination of A.F. and G.F.’s parental rights to their child, T.F. Finds that, based on the totality of the evidence, the trial court’s determination that termination is in the child’s best interests is supported by clear and convincing evidence.

Seth Allen Stanley v. Amber Nicole Stanley (mem. dec.)
23A-DR-1832
Domestic relations. Affirms the Vanderburgh Superior Court’s denial of Seth Stanley’s motion to modify Amber Stanley’s summer parenting time and motion for educational expenses. Finds the trial court did not abuse its discretion when it found the father in contempt because the trial court noted several times during which the father did not allow the mother to exercise her parenting time as ordered by the trial court. Also finds the trial court abused its discretion when it ordered the father to pay $15,000 of the mother’s attorney’s fees because there was no evidence regarding the father’s ability to pay those fees in addition to the other fees and sanction ordered by the court and there was no evidence to support the trial court’s conclusion that the mother owed $15,000 in attorney’s fees. Remands to the trial court for proper consideration of the mother’s attorney’s fees and the father’s ability to pay them.

Matthew R. Baker v. State of Indiana (mem. dec.)
23A-CR-1462
Criminal. Affirms the Whitley Circuit Court’s denial of Matthew Baker’s motion for mistrial during jury selection. Finds the trial court did not abuse its discretion by denying Baker’s motion for mistrial.

Amos G. Davis, III v. State of Indiana (mem. dec.)
23A-CR-1790
Criminal. Affirms Amos Davis III’s invasion of privacy conviction in St. Joseph Superior Court. Finds there was sufficient evidence to show Davis knowingly or intentionally violated a no-contact order.

Joshua Austin v. State of Indiana (mem. dec.)
23A-CR-1615
Criminal. Affirms the St. Joseph Superior Court’s denial of Joshua Austin’s belated motion to correct error. Finds Austin is not an eligible defendant pursuant to Post-Conviction Rule 2(2).

Sean P. Schembra v. Delanie B. Schembra (mem. dec.)
23A-DC-631
Domestic relations with children. Affirms the Marion Superior Court’s refusal to modify its prior parenting time order for Sean Schembra. Finds the trial court did not abuse its discretion when it refused to admit the father’s Exhibit 3-3 and the trial court did not clearly err when it refused to modify the father’s parenting time as set forth in the November 2020 order.