Opinions Oct. 31, 2022

Keywords Opinions

Court of Appeals of Indiana
E.S. v. State of Indiana
22A-JV-1197
Juvenile. Reverses E.S.’s delinquency adjudication for sexual battery, a Level 6 felony when committed by an adult. Finds the state did not present sufficient evidence beyond a reasonable doubt to sustain E.S.’s delinquency adjudication.

T.D. v. State of Indiana
22A-JV-1016
Juvenile. Reverses the denial of T.D.’s Indiana Trial Rule 60(B) motion to set aside his delinquency adjudication for acts constituting Level 6 felony auto theft if committed by an adult. Finds the record shows the Lake Superior Court did not ensure that T.D. knowingly and voluntarily waived his statutory and constitutional rights when he admitted to auto theft, so his delinquency adjudication is void and should be set aside. Judge L. Mark Bailey dissents with separate opinion.

Reva Capalla and Mark Capalla v. Wilbert Best and Best Vineyards, LLC
22A-CT-657
Civil tort. Affirms the grant of judgment on the pleadings to Wilbert Best and Best Vineyards LLC in a dispute with Reva and Mark Capalla. Finds the Cappallas’ claims are barred under the doctrine of judicial estoppel and because the Capalla lack standing.

Red Spot Paint & Varnish Company v. Columbia Street Partners, Inc. and Charles D. Storms
21A-CC-1806
Civil collections. Reverses the grant of partial summary judgment to Columbia Street Partners Inc. and Charles D. Storms on their joint summary judgment motion and the denial of summary judgment for Red Spot Paint & Varnish Company. Finds the Vanderburgh Circuit Court erred. Remands to the trial court with instructions to enter summary judgment in favor of Red Spot.

Linda M. Schulstad v. Center for Implant Dentistry and Periodontics, LLC, and Michael D. Edwards, DDS (mem. dec.)
22A-CT-245
Civil tort. Affirms the grant of summary judgment to Dr. Michael D. Edwards on Linda M. Schulstad’s complaint alleging he failed to meet the standard of care in prescribing medication to her. Finds there are no material issues of fact.

Tara Michelle Kluger v. State of Indiana (mem. dec.)
22A-CR-955
Criminal. Affirms Tara Kluger’s convictions of possession of cocaine as a Level 6 felony and possession of paraphernalia as a Class C misdemeanor. Finds officer Cory Schalburg did not prolong the traffic stop. Also finds Kluger’s rights under the Fourth Amendment or Article I, Section 11 of the Indiana Constitution were not violated. Finally, finds the Hamilton Superior Court did not abuse its discretion when it admitted into evidence the drugs and paraphernalia discovered during the warrantless search of Kluger’s vehicle.

Sean Nigel Hindman v. State of Indiana (mem. dec.)
22A-CR-1255
Criminal. Affirms Sean Nigel Hindman’s conviction of Level 4 felony unlawful possession of a firearm by a serious violent felon. Finds the Hamilton Superior Court did not abuse its discretion by denying Hindman’s motion for mistrial. Also finds that any error in the trial court’s decision not to bifurcate the SVF charge was harmless in light of the strong evidence of possession.

Daniel Joel Denny v. State of Indiana (mem. dec.)
22A-CR-1075
Criminal. Affirms Daniel Joel Denny’s 55-year sentence, with five years suspended to probation, imposed following his plea of guilty but mentally ill to murder. Finds Denny has failed to carry his burden to demonstrate that his sentence is inappropriate.

Thomas S. Mullins v. State of Indiana (mem. dec.)
22A-CR-1161
Criminal. Affirms the revocation of Thomas S. Mullins’ probation and the imposition of his previously suspended sentence. Finds the Jefferson Circuit Court did not abuse its discretion by revoking Mullins’ probation and imposing the entirety of his previously suspended sentence.

Desiree B. Welborn v. State of Indiana (mem. dec.)
21A-CR-2297
Criminal. Affirms Desiree Welborn’s conviction of Class C misdemeanor possession of paraphernalia. Finds there is sufficient evidence to support Welborn’s conviction.

Larry Farley v. State of Indiana (mem. dec.)
22A-CR-483
Criminal. Affirms the revocation of Larry Farley’s probation and the imposition of his previously suspended sentence. Finds the Owen Circuit Court did not abuse its discretion by admitting evidence obtained from the search of Farley’s camper. Also finds the state established by a preponderance of the evidence that Farley had violated the terms of his probation by committing a new offense.

Morgan Whaley v. State of Indiana (mem. dec.)
22A-CR-1409
Criminal. Affirms the order imposing 730 days of Morgan Whaley’s previously suspended 898-day sentence as a sanction for her probation revocation. Finds the Ripley Superior Court did not abuse its discretion.

Richard L. Haverkamp v. State of Indiana (mem. dec.)
22A-CR-1162
Criminal. Affirms Richard L. Haverkamp’s convictions of Level 1 felony and Level 4 felony child molesting and his 30-year sentence. Finds Haverkamp has failed to satisfy the second requirement of the incredible-dubiosity doctrine, so his sufficiency challenge fails. Also finds Haverkamp has failed to prove that his advisory sentence is inappropriate.

Jill N. Thompson v. State of Indiana (mem. dec.)
22A-CR-1199
Criminal. Affirms Jill N. Thompson’s conviction of Level 6 felony battery against a public safety official and her aggregate one-year suspended sentence but reverses her conviction of Class A misdemeanor resisting law enforcement. Finds Thompson was subject to double jeopardy. Remands with instructions to vacate the resisting conviction.

Dacota J. Hughes v. State of Indiana (mem. dec.)
22A-CR-1440
Criminal. Affirms the imposition of Dacota Hughes’ previously suspended two-year sentence after he violated the conditions of his work release placement. Finds the Vigo Superior Court did not abuse its discretion.

In RE a Child in Need of Services M.F. (Child) N.F. (Mother) v. Indiana Department of Child Services (mem. dec.)
22A-JC-991
Juvenile CHINS. Affirms the adjudication of mother N.F.’s minor child, M.F., as a child in need of services. Finds the Allen Superior Court properly adjudicated M.F. to be a CHINS.

In Re: The Paternity of E.B. and C.B. (Minor Children); Alissa Penland v. Kollin Brugh (mem. dec.)
22A-JP-734
Juvenile paternity. Affirms the order awarding father Kollin Brugh parenting time with his two children and granting Brugh’s request to change the children’s surname from Penland to Brugh. Finds the St. Joseph Probate Court did not abuse its discretion when it awarded Brugh more parenting time than is contemplated by the Indiana Parenting Time Guidelines or when it granted his request to change the children’s surname.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of: K.R. (Child), and W.S. (Mother) v. Indiana Department of Child Services (mem. dec.)
22A-JT-1272
Juvenile termination of parental rights. Affirms the termination of mother W.S.’s parental rights over minor child K.R. Finds the Jennings Circuit Court did not clearly err when it determined that the reasons for K.R.’s removal or the continued placement outside of W.S.’s home will not be remedied.

Sarah Nicole Marshall v. David Powers and Shelley Kilburn (mem. dec.)
22A-MI-1010
Miscellaneous. Affirms and reverses in part the order granting grandparent visitation to David Powers and Shelley Kilburn. Finds mother Sarah Marshall has not demonstrated that the Morgan Superior Court abused its discretion when it granted grandparent visitation. Also finds the trial court abused its discretion when it ordered the grandparents immediately to have nine hours of visitation each month without a phase-in period in light of the child’s disability and lack of familiarity with the grandparents. Remands for further proceedings.

Myron Stephen Davisson v. State of Indiana (mem. dec.)
22A-PC-953
Post-conviction. Reverses the summary disposition of Myron Davisson’s petition for post-conviction relief. Finds genuine issues of material fact exist as to Davisson’s asserted claims for post-conviction relief, so the state was not entitled to summary disposition as a matter of law. Remands for further proceedings.

Ronnie Ricketts, Jr. v. State of Indiana (mem. dec.)
22A-PC-742
Post-conviction. Affirms the denial of Ronnie Ricketts Jr.’s petition for post-conviction relief. Finds that because Ricketts has not shown that a motion to suppress his confession would have been granted if made, he has not demonstrated that his trial counsel performed deficiently for failing to file the motion, nor can he show that he was prejudiced by such failure. Also finds Ricketts has not established that he was denied the effective assistance of trial counsel.

In re the Adoption of C.Y. and J.Y.; J.Y. (Father) and C.L. (Mother) v. A.W. and P.W. (mem. dec.)
22A-AD-365
Adoption. Reverses the grant of grandparents A.W. and P.W.’s petition to adopt C.Y. and J.Y., the children of father J.Y. and mother C.L. Finds the parents have demonstrated, prima facie, that they were not afforded their due process rights to legal representation in proceedings that could result in termination of parental rights. Remands for further proceedings.

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