Opinions Nov. 16, 2022

Court of Appeals of Indiana
In the Matter of the Paternity of A.R.S. (Minor Child); P.M.S. v. T.P.W.
22A-JP-529
Juvenile paternity. Affirms the order modifying custody of A.R.S. in favor of mother T.P.W. and awarding father P.M.S. parenting time. Finds the Warrick Superior Court did not abuse its discretion by modifying custody. Also finds the trial court granted parenting time to P.M.S. pursuant to the Indiana Parenting Time Guidelines.

In the Matter of the Marriage of: Olga Sims v. John Daniel Sims
22A-DN-639
Domestic relations, no children. Reverses the denial of wife Olga Sims’ motion to correct error, filed after the Johnson Circuit Court denied her request to assume jurisdiction of a dissolution action that began in a German court. Finds the German court did not render judgment on the merits of Sims’ property division request. Remands for further proceedings.

Elizabeth McGhee v. Roger Lamping
21A-DR-2745
Domestic relations. Affirms the denial of Elizabeth McGhee’s motion for relief from judgment asking the Gibson Circuit Court to set aside two orders, both of which required McGhee to reimburse Roger Lamping for her share of the parties’ daughters’ uninsured medical expenses. Finds the trial court did not abuse its discretion.

Lake County Board of Commissioners, et. al. v. Lake County Sheriff Oscar Martinez, Jr., in his official capacity
22A-PL-1559
Civil plenary. Affirms partial summary judgment for Lake County Sheriff Oscar Martinez Jr. over his local county commissioners. Finds Martinez has the authority to enter into contracts to take care of local jail inmates so long as he spends funds within his approved budget. Also finds the Lake Superior Court did not exceed its authority by ordering the commissioners and the auditor to process, approve and pay invoices submitted by the sheriff related to the second 2022 contract with the health care providers. Remands for further proceedings.

Shawn L. Beasley v. Harrison County Board of Commissioners
22A-CP-673
Civil plenary. Dismisses Shawn L. Beasley’s appeal of an order that found that the Harrison County Board of Commissioners complied with the statutory requirements in trying to appropriate property from Beasley for a road improvement project and that the offer to Beasley was in good faith as a matter of law. Finds Beasley failed to timely file his notice of appeal in violation of Indiana Code § 32- 24-1-8(g).

Candace K. Hobbs v. State of Indiana (mem. dec.)
22A-CR-96
Criminal. Dismisses Candace K. Hobbs’ appeal of her six-year sentence for conviction of Level 4 felony possession of methamphetamine. Finds Hobbs’ plea agreement included a waiver of the right to appeal her sentence.

Lori Walton v. State of Indiana (mem. dec.)
22A-CR-1012
Criminal. Affirms Lori Walton’s conviction of Class A misdemeanor operating a vehicle while intoxicated endangering a person. Finds there is sufficient evidence to support Walton’s conviction.

Brandan Joseph Esparza v. State of Indiana (mem. dec.)
22A-CR-1144
Criminal. Affirms the revocation of Brandan Esparza’s probation. Finds sufficient evidence to support the revocation.

Zachary D. Gober v. State of Indiana (mem. dec.)
22A-CR-1338
Criminal. Affirms Zachary D. Gober’s nine-year sentence for to Level 4 felony leaving the scene of an accident. Finds the sentence is not inappropriate in light of the nature of the offense or his character. Also finds the Dearborn Superior Court did not abuse its sentencing discretion.

Charles Yeager v. State of Indiana (mem. dec.)
22A-CR-1341
Criminal. Affirms Charles Yeager’s conviction for Level 6 felony sexual battery. Finds sufficient evidence to support the conviction.

State of Indiana v. Heather Anderson (mem. dec.)
22A-CR-1377
Criminal. Reverses the Hendricks Superior Court’s modification of Heather Anderson’s sentence for Class B felony incest over the prosecuting attorney’s objection. Finds the trial court’s modification of Anderson’s sentence is contrary to law.

Automotive Finance Corporation v. Bernard Kayiji (mem. dec.)
22A-CC-1393
Civil collections. Reverses the Marion Superior Court’s grant of a Trial Rule 60(B)(8) motion for relief from judgment filed by Bernard Kayiji in a dispute with Automotive Finance Corporation. Finds Bernard cannot use Trial Rule 60(B)(8) as a means to avoid the one-year time limit under Trial Rule 60(B)(3), under which his claim was in essence filed. Also finds Bernard has not alleged an independent claim for either extrinsic fraud or fraud upon the court. Finally, finds the trial court abused its discretion when it granted Bernard’s motion for relief from judgment.

Felipe Pita-Salinas v. State of Indiana (mem. dec.)
22A-CR-1493
Criminal. Affirms Felipe Pita-Salinas’ sentence to 10 years and 452 days, with credit for time served of 226 days and the balance executed, for his conviction of Class B felony dealing in cocaine. Finds the Bartholomew Superior Court did not err when it denied Pita-Salinas’ petition for jail credit time.

Jimmy Joe Tomlin v. State of Indiana (mem. dec.)
22A-CR-1586
Criminal. Affirms the revocation of Jimmy Tomlin’s probation and the order that he serve four years of his previously suspended five-year sentence. Finds the Fayette Circuit Court acted within its discretion.

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