Court opinions

Court of Appeals of Indiana
In the Matter of B.M., C.M., and S.M. (Minor Children), Children in Need of Services, and N.M. (Father) v. Indiana Department of Child Services
23A-JC-1285
Juvenile CHINS. Affirms the DeKalb Circuit Court’s child-in-need-of-services adjudications for father N.M.’s children, B.M., C.M. and S.M. Finds the trial court did not abuse its discretion by denying counsel’s motion to withdraw at the start of the factfinding hearing. Also finds sufficient evidence supports the CHINS adjudications.

Court of Appeals of Indiana
Steven Slater, Jr. v. State of Indiana
22A-CR-3060
Criminal. Affirms Steven Slater’s convictions in Allen Superior Court of Level 6 felony possession of methamphetamine and Class A misdemeanor resisting law enforcement, his adjudication as a habitual offender, and the revocation of his probation as a result of his new convictions. Finds the state presented sufficient evidence to support Slater’s convictions. Also finds his aggregate eight-year sentence in F6-1027 is not inappropriate given the nature of his offenses and his character. Finally, finds the trial court did not abuse its discretion in ordering Slater to serve the entirety of his previously suspended sentence.

Court of Appeals of Indiana
In Re: The Adoption of P.J.W. James D. DeClerck and Marilyn J. DeClerck v. Ronald J. Walters
23A-AD-1254
Adoption. Affirms the Montgomery Superior Court’s denial of James and Marily DeClerck’s petition to adopt P.J.W. Finds the trial court did not abuse its discretion when it found that adoption is not in the child’s best interests. Judge Terry Crone dissents with separate opinion.

Court of Appeals of Indiana
Steven E. Malloch v. State of Indiana
22A-PC-2053
Post-conviction relief. Affirms the DeKalb Superior Court’s denial of Steven Malloch’s petition for post-conviction relief. Finds Malloch’s trial attorney, John Bohdan, did not perform deficiently by not calling an expert witness about false confessions at Malloch’s trial because he pursued other strategies calculated to sow doubt regarding the veracity of Malloch’s confession. Also finds Bohdan didn’t perform deficiently when he did not call a sleep expert who could not provide an opinion supportive of Malloch or a sleep expert who would have been a reluctant and equivocal witness at best.

Court of Appeals of Indiana
John E. Moriarity, Mae E. Moriarity, and C-A-R-E Auto Auction, Inc. v. State of Indiana, Indiana Natural Resources Commission, and Indiana Department of Natural Resources
22A-PL-2899
Civil plenary. Affirms the Grant Circuit Court’s dismissal of John and Mae Moriaritys’ inverse condemnation action. Finds the complaint did not successfully plead a regulatory taking.

Court of Appeals of Indiana
Marion Superior Court Probation Department v. Cheryl Trapuzzano and Jennifer Trapuzzano, as Co-Personal Representatives of the Estate of Nathan Trapuzzano, Deceased
23A-CT-61
Civil tort. Reverses the denial of the Marion Superior Court Probation Department’s motion for summary judgment regarding claims brought by Cheryl and Jennifer Trapuzzano, as co-personal representatives of the Estate of Nathan Trapuzzano. Finds the probation department has quasi-judicial immunity from liability for the estate’s claims. Remands.

Court of Appeals of Indiana
Herman O. Fritz v. State of Indiana
22A-CR-2340
Criminal. Affirms and reverses in part Herman O. Fritz’s convictions of Level 6 felony possession of methamphetamine, Class A misdemeanor resisting law enforcement, Class A misdemeanor possession of marijuana with a prior conviction and Class C misdemeanor possession of paraphernalia. Finds the Elkhart Superior Court did not abuse its discretion in the admission of evidence seized from a pat-down search and subsequent search incident to Fritz’s arrest. Also finds the state failed to present sufficient evidence to sustain Fritz’s possession-of-marijuana conviction. Remands with instructions for the trial court to vacate Fritz’s conviction and sentence for the Class A misdemeanor possession-of-marijuana conviction.