Opinions May 25, 2022

Keywords Opinions

Court of Appeals of Indiana
Alan Jones v. State of Indiana
21A-CR-2809
Criminal. Affirms the Shelby Circuit Court’s denial of Alan Jones’ motion for reduction of bail. Finds Jones has failed to show that the decision declining to reduce bond was clearly against the logic and effect of the circumstances before the trial court.

Augustus Mitchell v. State of Indiana
21A-CR-2722
Criminal. Affirms Augustus Mitchell’s convictions of battery by means of a deadly weapon as a Level 5 felony and carrying a handgun without a license as a Class A misdemeanor. Finds the state presented sufficient evidence to support Mitchell’s conviction. Also finds the handgun Mitchell used to batter Starks was a firearm, which is a deadly weapon. Finally, finds the handgun was a deadly weapon in that it was readily capable of causing serious bodily injury in both the manner in which it could be used and was used.

Larry D. Blanton v. State of Indiana (mem. dec.)
21A-CR-1794
Criminal. Dismisses the denial of Larry D. Blanton Jr.’s “motions” for a new resentencing hearing and to correct the record. Finds Blanton’s motions are actually successive petitions for post-conviction relief that he failed to perfect.

Kase N. Mumford, A/K/A Kasie N. Hedden v. William A. Hedden (mem. dec.)
21A-DC-2101
Domestic relations with children. Affirms the Delaware Circuit Court’s finding that mother Kasie N. Mumford was in contempt for her willful noncompliance with the court’s order to provide father William A. Hedden with parenting time, resulting in Mumford being ordered to pay $1,600 toward Hedden’s attorney fees and serving six days of incarceration. Finds the trial court did not abuse its discretion by finding Mumford in direct contempt of court. Also finds Mumford failed to establish that the trial court abused its discretion by awarding Hedden $1,600 in attorney fees as a sanction for her contempt. Finally, finds Mumford’s challenge to her incarceration without a purge condition is moot.

In the Matter of the Termination of the Parent-Child Relationship of: R.B. (Minor Child), and B.B. (Mother) v. Indiana Department of Child Services (mem. dec.)
21A-JT-2537
Juvenile termination of parental rights. Affirms the termination of mother B.B.’s parental rights to R.B. Finds the juvenile court did not clearly err in concluding that the conditions warranting removal of R.B. are unlikely to be remedied and that termination of B.B.’s parental rights is in R.B.’s best interest.

Robert Brumback v. State of Indiana (mem. dec.)
21A-CR-2631
Criminal. Affirms Robert Brumback’s six-year executed sentence for his conviction of Level 5 felony stalking. Finds Brumback has not met his burden of demonstrating that his sentence is inappropriate.

Selena Besner, as administrator of the Estate of Michael Besner v. Terra Adventures, Inc. d/b/a Badlands Off-Road Park and Crossroads Racing Series LLC, d/b/a IXCR Cross Country Racing (mem. dec.)
21A-CT-2715
Civil tort. Reverses the grant of summary judgment to Terra Adventures Inc. and Crossroads Racing Series LLC after Michael Besner was struck and killed by a motorcycle that left Terra Adventures’ racecourse, where Crossroads was promoting an event. Finds the word “observe” in a release signed by Besner should be interpreted to refer to those observing a race in an official capacity. Also finds that because Michael was a mere spectator, the Fountain Circuit Court erred by granting the defendants summary judgment based on the word “observe.” Finally, finds there was no evidence that the area in which Michael was standing was restricted, so the racetrack is not entitled to summary judgment based on the “Restricted Area” part of the release.

J.E. v. G.G. and S.G. (mem. dec.)
22A-AD-138
Adoption. Affirms the grant of summary judgment to adoptive parents G.G. and S.G. regarding putative father J.E.’s challenge to their petition to adopt a child. Finds the Hamilton Superior Court properly found that J.E.’s consent was irrevocably implied as a result of his failure to timely register with the putative father registry. Also finds J.E. was barred from challenging the adoption or establishing paternity. Finally, finds the trial court properly granted summary judgment.

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