Opinions March 26, 2021

Indiana Court of Appeals
Indiana Department of Transportation v. FMG Indianapolis LLC, et al. 
Civil plenary. Reverses the Hamilton Superior Court’s order that reversed an Indiana Department of Transportation ruling revoking billboard permits held by FMG Indianapolis. Concludes INDOT’s order revoking FMG’s sign permit and ordering that one of the signs be removed is not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance law.

Ocwen Loan Servicing, LLC v. Dorothy Chambliss
Civil plenary. Vacates the order denying Ocwen Loan Servicing LLC’s summary judgment motion and granting the cross-motion filed by Dorothy Chambliss in a quiet title action. Finds the Lake Superior Court was not the proper forum for a determination of the legal effect of the bankruptcy court’s discharge order. Remands with instructions for the trial court to dismiss Chambliss’ complaint to quiet title.

In Re: The Paternity of B.R.H.; Sarah B. Hayes v. Zachary T. Mehringer
Juvenile paternity. Affirms the denial of mother Sarah Hayes’ petition to relocate to Clovis, New Mexico, with her 4-year-old son B.M. Finds the Dubois Circuit Court did not clearly err in denying Hayes’ petition.

Michael Kelley v. State of Indiana
Expungement. Affirms the denial of Michael Kelley’s petition to expunge all records of his Indiana convictions. Finds the expungement statute renders Kelley ineligible because of his murder conviction, so the Lake Superior Court did not abuse its discretion in denying his expungement petition.

Richard Dean Martin v. State of Indiana (mem. dec.)
Criminal. Affirms the denial of Richard Dean Martin’s petition for sentence modification. Finds the Clark Circuit Court did not err in denying Martin’s petition for sentence modification because he was not eligible to file such a petition.

Jason D. Sinnett v. State of Indiana (mem. dec.)
Criminal. Affirms the denial of Jason D. Sinnett’s motion to correct erroneous sentence. Finds the Hamilton Superior Court did not err.

Charles Anthony Newman v. State of Indiana (mem. dec.)
Criminal. Affirms Charles Anthony Newman’s convictions of Level 5 felony operating a motor vehicle after forfeiture of license for life and Level 6 felony resisting law enforcement for fleeing a vehicle, his habitual offender adjudication and his 12-year aggregate sentence. Reverses the one-year sentence imposed for his conviction of Class C misdemeanor reckless driving. Finds there was sufficient evidence to support the Level 5 felony and Level 6 felony convictions. Also finds the Jackson Circuit Court did not abuse its discretion by denying Newman’s motion for mistrial relating to the habitual offender phase of his trial. Finally, finds Newman has failed to show that his sentence is inappropriate, but the trial court erred by imposing a one-year sentence for his conviction of Class C misdemeanor reckless driving. Remands to the trial court to impose a sentence on Newman’s Class C misdemeanor conviction that complies with Indiana Code § 35-40-3-4.

David E. MacIntire v. State of Indiana (mem. dec.)
Criminal. Affirms David MacIntire’s conviction of Level 4 felony possessing material capable of causing bodily injury by an inmate and the finding that he is a habitual offender. Finds the Tippecanoe Superior Court’s failure to provide a jury instruction defining “serious bodily injury” was not fundamental error. Also finds MacIntire’s conviction and habitual-offender adjudication are supported by sufficient evidence.

Lamarr T. Crittenden v. State of Indiana (mem. dec.)
Criminal. Affirms the Marion Superior Court’s denial of Lamarr Crittenden’s petition to modify the conditions of his probation. Finds Crittenden has utilized the wrong vehicle for his petition.

Andrew Eversman v. State of Indiana (mem. dec.)
Criminal. Affirms the Ripley Superior Court’s order sending Andrew Eversman back to jail for 365 days following probation violations in two cases. Finds the trial court did not abuse its discretion.

In the Matter of Ja.P. (Child Alleged to be in Need of Services), and B.M. (Father), B.M. (Father) v. Indiana Department of Child Services (mem. dec.)
Juvenile CHINS. Affirms the adjudication of father B.M.’s child, Ja.P., as a child in need of services. Finds father’s due process rights were not violated because the Department of Child Services was not required by statute to include him as a party to the initial CHINS proceedings. Also finds father was not prejudiced in any way when the Sullivan Circuit Court delayed his fact-finding hearing by 18 days past the 60-day statutory deadline. Finally, finds the trial court did not err when it adjudicated Ja.P. as a CHINS following father’s fact-finding hearing.

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