Court opinions

Indiana Court of Appeals

Jason Gay v. Monroe County Community School Corporation (mem. dec.)
21A-PL-185
Civil plenary. Affirms the Monroe Circuit Court’s grant of summary judgment to the Monroe County Community School Corporation over its removal of trees near Jason Gay’s property. Finds the designated evidence indicates that no genuine issue of material fact existed and that MCCSC is entitled to judgment as a matter of law regarding its boundary dispute with Gay. Also finds the trial court properly entered summary judgment for MCCSC.

Indiana Court of Appeals
In the Matter of K.W. and R.W. (Children in Need of Services) and D.W. (Father) v. Indiana Department of Child Services
21A-JC-598
Juvenile CHINS. Affirms the determination that father D.W.’s children, K.W. and R.W., are children in need of services. Finds the fact-finding hearing and dispositional hearing were continued for good cause pursuant to Indiana Trial Rule 53.5. Also finds the evidence supports the Marion Superior Court’s conclusion that the children are CHINS.

Indiana Court of Appeals
Gerald Pinkston v. State of Indiana (mem. dec.)
20A-CR-2216
Criminal. Affirms Gerald Pinkston’s convictions of three counts of murder and one count of criminal recklessness, and his sentence to an aggregate of 166 years. Finds Pinkston failed to demonstrate reversible error resulting from the admission of a .40 caliber handgun and testimony by a detective, the Allen Superior Court’s accomplice liability instructions or the deputy prosecutor’s conduct. Also finds the state proved the offenses beyond a reasonable doubt and that Pinkston’s sentence is not inappropriate considering his offenses and character. 

Indiana Court of Appeals
Richard Allen Byrd v. State of Indiana (mem. dec.)
21A-CR-637
Criminal. Affirms the Howard Circuit Court’s sentencing of Richard Allen Byrd to an aggregate of five years, with three years suspended to supervised probation, for his convictions of Level 6 felony sexual battery. Finds Byrd’s guilty plea isn’t substantially mitigating as he gained a benefit by having Level 4 felony child molesting charges exchanged for Level 6 felony battery convictions. Also finds the executed portion of his sentencing appropriate.

Indiana Court of Appeals 

In re the Termination of the Parent-Child Relationship of Ad.W., An.W., I.W., and M.W., and M.G. (Mother) and D.W. (Father), M.G. (Mother) and D.W. (Father) v. Indiana Department of Child Services (mem. dec.)
21A-JT-691
Juvenile termination of parental rights. Affirms the termination of mother M.G. and Father D.W.’s parental rights to their four children. Finds the Lake Superior Court did not err when it concluded there is a reasonable probability that the conditions resulting in the children’s removal will not be remedied, or that termination is in the children’s best interests.

Indiana Court of Appeals
In re the Termination of the Parent-Child Relationship of I.L., O.L., V.N., and M.P.N. (Minor Children) and S.T. (Mother) v. Indiana Department of Child Services
21A-JT-418
Juvenile termination of parental rights. Affirms the denial of mother S.T.’s parental rights following a remote final hearing. Finds the minor technological and logistical issues that arose during the hearing were quickly addressed by the court and do not amount to a due process violation. Also finds the evidence was sufficient to terminate S.T.’s parental rights.

Indiana Court of Appeals
Mark Anthony Fuller v. State of Indiana (mem. dec.)
21A-CR-597
Criminal. Affirms the order for Mark Fuller to execute a portion of his previously suspended sentence and that his probation be extended as a result of a probation violation. Finds the Dearborn Superior Court didn’t abuse its discretion in imposing sanctions.