Opinions May 3, 2023

Indiana Supreme Court
Matthew H. Thomas Davis v. State of Indiana
Criminal. Dismisses Matthew H. Thomas Davis’ sentencing appeal. Finds his written plea agreement with the state unambiguously waived his right to appeal his sentence. Justice Christopher Goff dissents with separate opinion, joined by Chief Justice Loretta Rush.

Court of Appeals of Indiana
Sturdy Road Prairie Ridge Property Owners’ Association, Inc. v. City of Valparaiso, Indiana, et al. (mem. dec.)

Civil plenary. Reverses the grant of the city of Valparaiso’s motion to dismiss a petition of remonstrance filed by Sturdy Road Prairie Ridge Property Owners’ Association Inc. against an annexation order. Finds the Porter Superior Court erred when it dismissed POA’s remonstrance complaint for lack of subject matter jurisdiction. Also finds trial court erred when it dismissed the complaint for failure to state a claim upon which relief may be granted. Remands for further proceedings.

Isaac Gates v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Isaac Gates’ probation and the order that he serve the entirety of his previously suspended sentence. Finds no abuse of discretion.

Kenneth Darryl Dogan v. State of Indiana (mem. dec.)
Criminal. Affirms Kenneth Darryl Dogan’s conviction of felony murder. Finds the evidence is sufficient to support the conviction.

Philip Certain v. State of Indiana (mem. dec.)
Criminal. Affirms Phillip Certain’s conviction for level 6 felony domestic battery in the presence of a minor. Finds the Tippecanoe Superior Court did not abuse its discretion in the admission of evidence.

In the Matter of the Marriage of Robert M. Rairdon v. Stacy Rairdon (mem. dec.)
Domestic relations without children. Affirms the Boone Circuit Court’s decision not to apply the coverture fraction formula to the division of Robert Rairdon’s pension upon the dissolution of his marriage to Stacy Rairdon (Reagan), and the denial of Reagan’s request for attorney fees. Finds the trial court’s conclusions were not wholly lacking in any rational basis. Also finds the trial court did not plainly abuse its discretion in denying Reagan’s request for attorney fees.

J.H. v. State of Indiana (mem. dec.)
Juvenile. Affirms J.H.’s adjudication as a juvenile delinquent and the order making him a ward of the Department of Correction. Finds the evidence was sufficient to support the adjudication.

In the Matter of the Termination of the Parent-Child Relationship of M.R., R.R., & A.R. (Minor Children), and C.R. v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of father C.R.’s parental rights to M.R., R.R. and A.R. Finds the evidence clearly and convincingly supports the required findings, and those findings clearly and convincingly support the judgment.

In the Matter of: A.H. (Minor Child), and J.G v. Indiana Department of Child Services (mem. dec.)
Juvenile CHINS. Affirms the finding that mother J.G.’s child, A.H., was a child in need of services. Finds J.G. did not preserve for appeal her argument that the Madison Circuit Court erroneously held a factfinding hearing outside the statutorily prescribed window of time, and there was no fundamental error.

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