Opinions Dec. 16, 2016

Indiana Court of Appeals
The Board of Commissioners of Union County, Indiana v. Brandye Hendrickson, in her official capacity as Commissioner of the Ind. Dept. of Transportation, and the State of Indiana
81A01-1603-PL-696
Civil plenary. Reverses the dismissal of the Board of Commissioners of Union County’s complaint against Brandye Hendrickson in her official capacity as commissioner of the Indiana Department of Transportation. The Indiana Court of Appeals reviewed the case as a Trial Rule 12(B)(6) dismissal of a complaint, not a granting of summary judgment, and accordingly disregarded Ron Parker’s affidavit in considering the merits of the Union Circuit Court’s ruling. Finds that the trial court erred in dismissing the Union County’s action for declaratory judgment and injunctive relief against INDOT and that the county has standing to pursue those claims. Remands for further proceedings.

Duke Energy of Indiana, LLC v. City of Franklin, Indiana
41A01-1607-CT-1549
Civil tort. Affirms the Johnson Superior Court’s denial of Duke Energy of Indiana LLC’s request for a preliminary injunction to prevent the city of Franklin from completing the expansion of the three-way intersection of Country Club Lane and Longest Drive to State Road 44, land under which Duke holds a utility easement. Finds that Duke lacks standing to challenge the city’s property interests in the real estate at issue and that the trial court did not abuse its discretion in concluding that Duke does not have a reasonable probability of success at trial.

Danielle Green v. State of Indiana
58A04-1511-CR-2008
Criminal. Affirms Danielle Green’s conviction for murder and sentence to 60 years in the Indiana Department of Correction.  Finds that to the extent some testimony of Dr. Fischer may have been admissible, Green did not request admission of such limited testimony or make an offer to prove as to what that other testimony would be, thus waiving any issue in that regard. Also finds that the Ohio Circuit Court’s decision to admit Sgt. Weigel’s testimony was not reversible error and that the trial court did not abuse its discretion when it did not find the claimed domestic abuse to be mitigating. Finally, finds that Green at no time exhibited remorse as she spoke to police and others and has not shown that her character warrants revision of her sentence.

Carl Johnson v. Corrections Officer Captain Blattner and Corrections Officer Schell (mem. dec.)
48A02-1602-PL-285
Civil plenary. Affirms the dismissal of Carl Johnson’s complaint against Cpt. Blattner and Officer Shell on the basis of Johnson’s Fourth Amendment claim. Reverses the dismissal of Johnson’s complaint on the basis of his 14th Amendment claim. Remands.

Michael Diaz v. State of Indiana (mem. dec.)
71A03-1603-CR-000629
Criminal. Affirms Michael Diaz’s conviction of burglary as a Level 4 felony. Finds that there was sufficient evidence such that reasonable minds could conclude that Diaz committed burglary.

Marquis Lewins v. State of Indiana (mem. dec.)
49A02-1603-CR-428
Criminal. Affirms Marquis Lewins’ conviction for Level 4 felony unlawful possession of a firearm by a serious violent offender. Finds that the evidence is sufficient to sustain his conviction.

In the Matter of the Term. of the Parent-Child Relationship of Ti.C., Tr.C., and Th.C. (Children) and D.C. (Mother) and R.C. (Father); D.C., and R.C. v. The Ind. Dept. of Child Services (mem. dec.)
85A02-1602-JT-252
Juvenile termination of parental rights. Affirms the termination of D.C. and R.C.’s rights to Ti.C., Tr.C. and Th.C. Finds that the children experienced substantiated physical and mental abuse in the parents’ home and that the children expressed fear about being returned to their parents. Also finds that the parents cannot demonstrate they were prejudiced by the Wabash Circuit Court, by service providers or by counsel because they abused their children for years and then called the children liars when they reported the abuse. Finally, finds that the trial court’s conclusion that the parent’s would not correct the circumstances that led to the children’s continued removal from the parents’ home.

Jeremias Manriquez v. State of Indiana (mem. dec.)
71A05-1604-CR-802
Criminal. Affirms Jeremias Manriquez’s conviction for one count of intimidation as a Level 6 felony. Finds that the state produced sufficient evidence to support Monriquez’s conviction.

Tommie Payne, IV v. State of Indiana (mem. dec.)
71A03-1604-CR-780
Criminal. Affirms Tommie Payne IV’s conviction of Class B misdemeanor possession of marijuana. Finds that the state presented sufficient evidence Payne constructively possessed marijuana.

Anthony LeFlore v. State of Indiana (mem. dec.)
49A02-1603-CR-471
Criminal. Affirms Anthony LeFlore’s conviction for Class B misdemeanor possession of marijuana. Finds that the evidence is sufficient to sustain LeFlore’s conviction.

In the Matter of the Term. of the Parent-Child Relationship of M.J.P. & M.L.P. (Children) and S.M. (Mother); S.M. (Mother) v. The Ind. Dept. of Child Services (mem. dec.)
79A05-1605-JT-959
Juvenile termination of parental rights. Affirms the involuntary termination of S.M.’s parental rights to her two children, M.J.P. and M.L.P. Finds that the Tippecanoe Superior Court’s unchallenged findings support its conclusions.

Javier A. Simental v. State of Indiana (mem. dec.)
71A04-1606-CR-1240
Criminal. Affirms Javier A. Simental’s conviction of Level 6 felony domestic battery. Finds that the evidence is sufficient to show that Simental knowingly struck Liliana Victoria.