Opinions Oct. 5, 2022

Court of Appeals of Indiana
A.R. v. State of Indiana
22A-JV-156
Juvenile. Affirms the Henry Circuit Court’s order that A.R. register pursuant to the Indiana Sex and Violent Offender Registration Act. Finds the juvenile court had jurisdiction to consider the issue and the determination was supported by clear and convincing evidence. Also finds A.R.’s constitutional claims are waived. Judge Patricia Riley dissents with separate opinion.

Keller J. Mellowitz, on behalf of himself and all others similarly situated v. Ball State University and Board of Trustees of Ball State University and State of Indiana
22A-PL-337
Civil plenary. Reverses the Marion Superior Court’s order that Keller Mellowitz file an amended complaint eliminating his class allegations in his suit brought against Ball State University and its board of trustees. Finds Indiana Code § 34-12-5-7 is a procedural statute that impermissibly conflicts with Indiana Trial Rule 23, which governs class-action procedures, and thus Section 7 is a nullity. Remands for further proceedings.

Ryan R. McMurtrey v. Allison M. White (mem. dec.)
22A-DC-788
Domestic relations with children. Affirms the Floyd Superior Court’s order denying father Ryan McMurtrey’s petition to modify his child support obligation and granting mother Allison White’s motion to find him in contempt for failure to pay child support. Finds McMurtrey has not shown changed circumstances so substantial and continuing as to make his child support obligation unreasonable. Also finds McMurtrey acknowledged that the 2019 agreement was based on the assumption that he would be making $50,000 a year, so he cannot now complain that his child support obligation differs by more than 20% from the guideline amount. Finally, finds the trial court did not abuse its discretion when it found that McMurtrey was in contempt of court for failing to pay child support.

In re the Termination of the Parent-Child Relationship of: K.P. (Minor Child) and K.P. (Mother) v. Indiana Department of Child Services (mem. dec)
22A-JT-997
Juvenile termination of parental rights. Affirms the Hendricks Superior Court’s termination of mother K.P.’s parental rights to her child, Ki.P. Finds the challenged findings are supported by evidence, and clear and convincing evidence supports the trial court’s judgment terminating K.P.’s parental rights.

Robert M. Crouse v. State of Indiana (mem. dec.)
22A-CR-636
Criminal. Affirms Robert M. Crouse’s convictions for three counts of level 3 felony rape. Finds the evidence is sufficient to support the convictions.

Jared M. Sanner v. State of Indiana (mem. dec.)
21A-CR-2072
Criminal. Affirms Jared Michael Sanner’s sentence of 13 years, with 10 years executed and three years suspended to probation, for Level 3 felony criminal confinement, Level 5 felony domestic battery resulting in serious injury, Level 6 felony intimidation and Level 6 felony strangulation. Finds Madison Circuit Court did not abuse its discretion and the sentence isn’t inappropriate.

Trenton Eugene Scott v. State of Indiana (mem. dec.)
22A-CR-849
Criminal. Affirms Trenton Eugene Scott convictions of Level 6 felony possession of methamphetamine, Class A misdemeanor possession of marijuana and Class C misdemeanor possession of paraphernalia, and his sentence to an aggregate of five years. Finds the evidence is sufficient to sustain the convictions. Also finds Scott’s sentence is not inappropriate.

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