neglect

Indiana Court of Appeals
In Re the Matter of I.E.: J.E. v. W.L. and R.L. and N.V. (NFP)
72A01-1212-JP-567
Juvenile paternity. Affirms granting of father’s motion for change of custody and declining to award mother visitation with child. Reverses trial court’s order granting visitation rights to the guardians.

Eric D. Smith v. J. David Donahue, Dan McBride, Linda Vannatta, Pam Bane, and Nell Hayes (NFP)
49A02-1201-PL-121
Civil plenary. Affirms trial court’s denial of Smith’s request for a new trial.  

Term. of the Parent-Child Rel. of: M.B. (Minor Child), and B.B. (Mother) v. The Indiana Dept. of Child Services (NFP)
49A05-1212-JT-649
Juvenile. Affirms termination of B.B.’s (mother) parental rights to her daughter, M.B.

James Ticen v. Vicki Ticen (NFP)
06A01-1212-DR-564
Domestic relation. Affirms trial court’s division of assets in the dissolution of James Ticen’s marriage to Vicki Ticen. Concludes the trial court acted within its discretion when it divided the parties’ marital assets and when it ordered James to pay Vicki an equalization payment over time.  

Phillip Rogers v. State of Indiana (NFP)
49A02-1212-CR-987
Criminal. Affirms convictions of three counts of Class D felony theft.

Billy J. Lemond v. State of Indiana (NFP)
63A01-1302-PC-83
Post conviction. Affirms denial of Lemond’s petition for post-conviction relief.  

Jonathon McDonald v. State of Indiana (NFP)
32A01-1210-CR-483
Criminal. Affirms convictions of three counts of child molesting, Class A felonies, and two counts of vicarious sexual gratification, Class B felonies.

 Dwayne E. Gray v. Chase Home Finance, LLC. (NFP)
49A02-1206-MF-576
Mortgage foreclosure. Affirms trial court’s denial of Gray’s motion for summary judgment and striking of his second amended complaint.

Joseph A. Taylor v. Sgt. Rinehart (NFP)
48A02-1304-PL-380
Civil plenary. Affirms trial court’s denial of Taylor’s motion for relief from judgment.

Henry McMullen v. State of Indiana (NFP)
27A02-1209-CR-778
Criminal. Affirms conviction of murder.  

Michael Burnett v. State of Indiana (NFP)
71A05-1304-CR-161
Criminal. Affirms Burnett’s sentence of an aggregate executed term of 28 years following his guilty plea.   

William Gajdik v. State of Indiana (NFP)
15A05-1210-CR-539
Criminal. Affirms conviction and aggregate sentence of 148 years for attempted murder, burglary and robbery.  

Arthur Dale Miller v. State of Indiana (NFP)
38A04-1301-CR-8
Criminal. Dismisses Miller’s appeal for lack of jurisdiction.  

Wilby Stumph v. State of Indiana (NFP)
82A01-1301-CR-32
Criminal. Affirms Stumph’s 17-year sentence for dealing in methamphetamine as a Class B felony and his adjudication as an habitual substance offender.

Lamar Allen Colley v. State of Indiana (NFP)
71A04-1302-CR-75
Criminal. Affirms conviction for battery as a Class A misdemeanor.  

Daljit Gill v. Baldish Gill (NFP)
32A01-1209-DR-436
Domestic relation. Affirms order by trial court which ultimately resulted in the setting aside of the property distribution portion of the marriage dissolution decree and an order for the sale of the marital residence.
 
In the Matter of the Termination of the Parent-Child Relationship of J.B. (Minor Child), and T.S. (Mother) v. The Indiana Department of Child Services (NFP)
79A02-1211-JT-891
Juvenile. Affirms termination of parental rights of T.S. (mother) with regard to J.B. (child).

Nichole Temple v. AM General (NFP)
93A02-1302-EX-164
Civil. Affirms the judgment of the Full Worker’s Compensation Board denying Temple’s request for benefits because she failed to satisfy her burden of proof with regard to the causation of her condition.  

Willie Drew v. State of Indiana (NFP)
02A03-1212-CR-523
Criminal. Affirms convictions for battery as a Class C felony and domestic battery as a Class D felony.  

Willis James Simmons v. State of Indiana (NFP)
71A04-1301-CR-31
Criminal. Affirms three-year sentence for Simmons’ conviction of domestic battery in the presence of his children, a Class D felony, Indiana Code Section 35-42-2-1.3.

Jami C. Sipich v. State of Indiana (NFP)
45A03-1212-CR-524
Criminal. Affirms 37-year sentence for attempted robbery as a Class A felony.

Jodi Sears v. Rachel Rust-Johnisee (NFP)
33A01-1301-PO-31
Protection order. Affirms trial court’s order for protection issued under Indiana Code 34-26-5.

Darod A. Wheeler v. State of Indiana (NFP)
03A01-1212-CR-545
Criminal. Remands with instructions to calculate the credit time Wheeler should receive and an amendment of the abstract of the judgment to reflect the credit. Concludes that Wheeler is entitled to credit for time served and good time credit for the days he was placed on home detention.  
 
Jesse Doyle, Jr., v. State of Indiana (NFP)
15A05-1301-CR-39
Criminal. Affirms in part and reverses in part. Upholds conviction for Class A felony attempted child molesting but vacates the two merged Class A felony child molesting while armed with a deadly weapon convictions.

Randall W. Ogle v. State of Indiana (NFP)
25A03-1301-CR-7
Criminal. Affirms Ogle’s aggregate executed sentence of 10 years for one court of reckless homicide, a Class C felony; one count of possession of a destructive device, a Class C felony; and one court of possession of marijuana in excess of 30 grams, a Class D felony.

The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decision prior to IL deadline.  

Indiana Court of Appeals
Richard Dillon v. State of Indiana
27A05-1210-CR-542
Criminal. Reverses on interlocutory appeal denial of a motion to dismiss a Class D felony charge of operating a vehicle while intoxicated. A divided court ruled that the state’s errant dismissal of an earlier OWI conviction upon which the felony enhancement relied could not be overcome by the state filing a nunc pro tunc motion to correct the mistake after the defendant was charged with drunken driving a second time within five years. Judges Nancy Vaidik and Ezra Friedlander formed the majority from which Judge John Baker dissented, arguing that the court lacked the authority to dismiss a charge upon which conviction was entered, and that defendants should not benefit from scriveners’ errors.

Indiana Court of Appeals
Cory A. Myers v. State of Indiana (NFP)
35A05-1302-CR-90
Criminal. Affirms conviction for domestic battery, as a Class D felony.  

Jeremiah Kelley v. State of Indiana (NFP)
34A02-1303-CR-281
Criminal. Affirms 21-year sentence imposed following Kelley’s guilty plea to class B felony unlawful possession of a firearm by a serious violent felon.  

John Latta v. State of Indiana (NFP)
12A04-1212-CR-618
Criminal. Affirms conviction of one count burglary as a class B felony and five counts of theft as a class D felony. Finds the prosecutor’s questions about the victim’s husband becoming a judge were inappropriate but does not rise to the level of fundamental error.  

In Re The Adoption of S.H., L.H., and J.H., Benjamin Hankins v. G.Nick Peterson, Andrea Peterson (NFP)
18A02-1212-AD-1020
Adoption. Affirms trial court’s determination that Hankins’s consent is not required in the adoption proceedings of his three children, S.H., L.H. and J.H. Rules the determination that Hankins’s consent is unnecessary if supported by clear and convincing evidence, and the adoption by the children’s maternal grandparents is in their best interest.
 
John Dumitru v. State of Indiana (NFP)
75A05-1210-PC-501f
Post conviction relief petition. Affirms post-conviction court’s denial of relief following Dumitru’s conviction for murder, a felony, attempted murder, a Class A felony, two counts of neglect of a dependent, as Class D felonies, and resisting law enforcement, as a Class A misdemeanor.

Lebronze Myles v. State of Indiana (NFP)
49A02-1301-CR-25
Criminal. Affirms Myles’ convictions as an accomplice to both Class B felony burglary and Class C felony robbery.  

In the Matter of the Termination of the Parent-Child Relationship of L.P., D.P., & C.H., (Minor Children), and J.P. (Mother) v. The Indiana Department of Child Services (NFP)
87A05-1212-JT-622
Juvenile termination of parental rghts. Affirms termination of J.P.’s (mother) parental rights.

Terry Chandler v. State of Indiana (NFP)
49A02-1302-CR-166
Criminal. Affirms conviction for Class A misdemeanor possession of cocaine.  

Michael S. Parker v. State of Indiana (NFP)
91A02-1210-CR-830
Criminal. Affirms conviction and 15-year sentence, with 11 years executed, for Class B felony manufacturing methamphetamine.  

Eric D. Smith v. Superintendent, Et Al. (NFP)
46A04-1303-MI-164
Miscellaneous. Dismisses Smith’s appeals of the dismissal of eight complaints he filed in the LaPorte Superior Court. Finds his notices of appeal were untimely filed.  

Jesus Cruz v. State of Indiana (NFP)
38A02-1212-CR-969pdf
Criminal. Affirms conviction and 46-year sentence for two counts of Class A felony child molesting and three counts of Class C felony child molesting.
 
James E. Sizemore v. State of Indiana (NFP)
31A05-1212-CR-626
Criminal. Affirms conviction for Class A felony dealing in methamphetamine, Class C felony possession of methamphetamine and Class D felony possession of a controlled substance.  

Thomas E. Stevens v. State of Indiana (NFP)
45A05-1301-CR-6
Criminal. Affirms five-year sentence for Class C felony battery resulting in serious bodily injury.  

Karen J. Marshall v. Casa M. Marshall, Center Bank, Treasurer of Porter County, State of Indiana (NFP)
64A03-1212-MF-517
Mortgage foreclosure. Affirms summary judgment in favor of the defendants. Finds the mortgage and loan documents do not constitute a valid and enforceable contract.

Sheldon C. McAuley v. State of Indiana (NFP)
02A03-1302-PC-50
Post conviction relief petition. Affirms denial of petition for post-conviction relief following conviction for Class C felony burglary, Class D felony residential entry and Class A misdemeanor interference with the reporting of a crime.  

LTC Investments Inc., v. EGR Indiana Properties, LLC. (NFP)
18A02-1301-PL-15
Civil plenary. Affirms trial court’s grant of EGR’s summary judgment motion.  

James E. Chalfant v. Lana Lods (NFP)
79A02-1212-CT-986
Civil tort. Reverses and remands trial court’s grant of summary judgment in favor of Lana Lods. Concludes Chalfant did provide evidence in this case to rebut the prima facie evidence of probable cause and to identify a dispute of material fact.

Javier Maldonado v. State of Indiana (NFP)
45A04-1212-CR-654
Criminal. Affirms conviction for child molesting, a Class A felony, and 50-year sentence.  

Kelvin Lee Heyen v. State of Indiana (NFP)
84A01-1207-PC-345
Post conviction relief petition. Affirms denial of post-conviction relief petition following conviction and 21-year sentence for dealing in methamphetamine, a Class B felony, and a habitual offender charge.  

In The Matter of the Termination of the Parent-Child Relationship of: M.A. (minor child): Mi.A. and C.A. v. The Indiana Department of Child Services (NFP)
73A01-1209-JT-411
Juvenile termination of parental rights. Affirms juvenile court’s decision to terminate the parental rights of C.A. (mother) and Mi.A. (father) to their minor child, M.A.
 
No opinions were submitted by IL deadline by the Indiana Supreme Court, Indiana Tax Court and the 7th Circuit Court of Appeals.