Opinions May 18, 2020

Indiana Court of Appeals
A.S. v. Indiana University Health Bloomington Hospital
Mental health. Affirms A.S.’s 90-day commitment to Indiana University Health Bloomington Hospital. Finds the Monroe Circuit Court did not admit into evidence the hearsay about which A.S. complains. Finds testimony from a doctor provided clear and convincing evidence that A.S. was gravely disabled and that forced administration of antipsychotic medication was warranted.

Brian Denny v. Nathan Vanoy
Civil tort. Reverses and remands the Marion Superior Court’s grant of Nathan Vanoy’s motion to set aside default judgment based on excusable neglect in a complaint brought by Brian Denny. Finds the trial court abused its discretion in granting Vanoy’s motion to set aside the default judgment.

Miscellaneous. Reverses the Marion Circuit Court’s denial of two name change requests for Jane Doe and R.A.C., respectively, on the belief that the trial court was constrained from doing so by Indiana Code § 34-28-2-2.5(a)(5). Finds that the applicable statutes do not require United States citizenship in order to obtain a name change. Remands with instructions for the trial court to grant the petitioners’ respective petitions for a name change.

Donnelle A. Douglas v. State of Indiana (mem. dec.)
Criminal. Affirms Donnelle Douglas’ 32-year sentence for conviction in Lake Superior Court of two counts of Level 3 felony armed robbery. Finds his sentence is not inappropriate in light of his character and the nature of his offenses.

Todd Leek v. State of Indiana (mem. dec.)
Post conviction. Affirms the denial in Allen Superior Court of Todd Leek’s petition for post-conviction relief. Finds the post-conviction court did not abuse its discretion in denying Leek’s request for an evidentiary hearing, and Leek has made no showing that he would have benefited from such a hearing had one been conducted. Finds no error in denying Leek’s request for relief.

In the Matter of the Termination of the Parent-Child Relationship of J.R. and A.T. (Minor Children) and C.T. (Mother) v. The Indiana Department of Child Services (mem. dec.)
Juvenile termination. Affirms the termination of C.T.’s parental rights to her two children, J.R. and A.T. Finds Mother has failed to establish that Marion Superior juvenile court’s determination that termination was in the children’s best interests was clearly erroneous.

Steven Glenn Connors v. State of Indiana (mem. dec.)
Criminal. Affirms Steven Connors’ conviction in St. Joseph Superior Court of operating a vehicle while intoxicated as a Class C misdemeanor. Finds sufficient evidence supports Connors’ conviction.

Paul O. Haynes v. State of Indiana (mem. dec.)
Criminal. Reverses the Marion Superior Court’s order requiring Paul Haynes to pay probation fees after the trial court revoked his probation, finding it abused its discretion in ordering Haynes to pay probation fees when Haynes did not serve any time on probation. Remands with instructions for the trial court to vacate its imposition of probation-related fees.

William E. Morrison and Sonya Morrison v. Putnam County Commissioners, and Donald Richards (mem. dec.)
Civil plenary. Affirms the Putnam Superior Court’s finding that William and Sonya Morrison had violated the terms of a permanent injunction, that they were in contempt of court, and its entry of a $5,000 judgment against them in favor of Donald Richards. Finds the Morrisons have waived their constitutional arguments for appellate review.

Thomas E. Black v. Kristie Humphrey (mem. dec.)
Miscellaneous. Affirms the Warrick Superior Court’s entry of judgment in favor of Kristie Humphrey and its grant of her request to partition the property she jointly owned with Thomas Black. Also affirms the denial of Black’s complaint to quiet title. Finds that Black’s argument that the parties had an oral agreement regarding disposition of the property is unenforceable under the statute of frauds and that he is not entitled to relief under the theory of unjust enrichment.

In re the Termination of the Parent-Child Relationship of: D.F., S.F., and J.F. (minor children) and A.F. (Mother) and D.F., Sr. (Father) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination. Affirms the termination of D.F. Sr. and A.F.’s parental rights to their three children. Finds the Wabash Circuit Court did not err in concluding that adoption is a satisfactory plan for the children, among other things.

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