Opinions Dec. 22, 2016

Indiana Court of Appeals
M.T.V. v. State of Indiana
36A05-1607-JV-1681
Juvenile. Affirms M.T.V.’s adjudication of delinquency for conspiracy to commit aggravated battery, a Level 3 felony if committed by an adult. Finds that the Jackson Superior Court did not abuse its discretion in admitting Facebook conversations containing statements made by M.T.V. and his co-conspirator and that the evidence is sufficient to support his delinquency adjudication.

D.P. v. State of Indiana (mem. dec.)
47A01-1607-JV-1697
Juvenile. Affirms D.P.’s adjudication as a juvenile delinquent resulting from his commission of an act that would have been considered Class B misdemeanor battery if committed by an adult. Finds that because D.P. did not have a reasonable fear of the victim of his battery, the state presented sufficient evidence to disprove D.P.’s self-defense claim.

Ariel Lasos v. State of Indiana (mem. dec.)
49A02-1604-CR-772
Criminal. Affirms Ariel Lasos’ conviction of battery resulting in serious bodily injury as a Level 5 felony. Finds that the Marion Superior Court did not err in its instruction of the jury.

In the Term. of the Parent-Child Relationship of: P.J.H. & J.H. (Minor Children) and P.H. (Father) v. The Ind. Dept. of Child Services (mem. dec.)
11A04-1606-JT-1224
Juvenile termination of parental rights. Affirms the termination of P.H.’s parental rights to his 8-year-old son P.J.H. and his 7-year-old son J.H. Finds that the termination order is not clearly erroneous.

Gasser Chair Company, Inc. v. Marlene J. Nordengreen (mem. dec.)
45A05-1606-CT-1226
Civil tort. Reverses the Lake Superior Court’s denial of Gasser Chair Co.’s motion for judgment on the evidence in Marlene Nordengreen’s action against it. Finds that the trial court abused its discretion in denying Gasser’s motion. Remands with instructions for the trial court to enter judgment in favor of Gasser.

Community Park Investments, Inc. v. Jennifer Mahoney and Curtis Glancy (mem. dec.)
46A05-1601-PL-160
Civil plenary. Affirms the LaPorte Superior Court’s judgment of constructive eviction. Holds that the trial court’s finding of constructive eviction is not clearly erroneous. Remands for reconsideration of damages consistent with this opinion.

Jonas Jackson v. State of Indiana (mem. dec.)
33A05-1606-CR-1501
Criminal. Affirms Jonas Jackson’s conviction for dealing in a narcotic drug as a Level 5 felony. Finds that the state presented evidence of a probative nature from which a jury could find beyond a reasonable doubt that Jackson committed the crime of dealing in the narcotic drug oxycodone.

In the Term. of the Parent-Child Relationship of: M.M. (Minor Child), and S.M. (Mother) v. The Ind. Dept. of Child Services (mem. dec.)
49A02-1605-JT-1028
Juvenile termination of parental rights. Affirms the termination of S.M.’s parental rights to her 2-year-old son, M.M. Finds that the termination order is not clearly erroneous. Also finds that the Department of Child Services established by clear and convincing evidence the elements necessary to support the termination of S.M.’s parental rights.

Trey M. Shirely v. State of Indiana (mem. dec.)
02A03-1608-CR-1735
Criminal. Affirms Trey M. Shirley’s sentence to 1 ½ years in the Allen County Confinement Facility for classification and confinement for possession of a synthetic drug or synthetic drug lookalike substance as a Level 6 felony. Finds that Shirley did not demonstrate the mitigating evidence as to a burden on his children is both significant and clearly supported by the record. Also finds that Shirley did not establish that his sentence of 1 ½ years following the termination of his participation in the Drug Court Diversion Program is inappropriate in light of the nature of the offense and his character.

Kurt Brenneman v. Lisa Brenneman and State of Indiana (mem. dec.)
79A05-1508-DR-1074
Domestic relation. Reverses the Tippecanoe Circuit Court’s dismissal of Kurt Brenneman’s petition to modify child support. Remands for a new modification hearing to determine when each child was emancipated as conceded by the state in its pleading of July 29, 2016, and again on Nov. 1, 2016. On remand, instructs the trial court to first order Lisa Brenneman to answer Kurt Brenneman’s interrogatories pertaining to the status of their children.

Curtis Bacon v. State of Indiana (mem. dec.)
79A02-1604-PC-789
Post conviction. Affirms the denial of Curtis Bacon’s petition for post-conviction relief. Finds that because a claim of double jeopardy was not clearly stronger than the issues Bacon’s appellate counsel presented, Bacon’s appellate counsel was not ineffective.