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Janet Freels v. James F. Koches and Sunset Builders, Inc.
91A02-1708-PL-1988
Civil plenary. Affirms the dismissal of Janet Freels’ complaint against James F. Koches and Sunset Builders, Inc. Declines Freels’ request to exempt small-claims proceedings from the doctrine of res judicata. Finds Freels’ additional claims should have been litigated in her first action. Also finds Freels’ second action is barred under the doctrine of claim preclusion.
State of Indiana v. Latasha Bonds
49A02-1704-CR-770
Criminal. Affirms the denial of the state of Indiana’s demand for a jury trial against Latasha Bonds on two misdemeanor charges. Finds the state does not have the right to demand a jury trial. Also finds the state’s consent to a bench trial was not necessary in the underlying case. Remands for further proceedings.
Jessica Mitchell v. State of Indiana (mem. dec.)
79A02-1708-CR-2023
Criminal. Affirms Jessica Mitchell’s convictions of neglect of a dependent as a Level 6 felony and possession of synthetic drug or synthetic drug lookalike substance as a Class A misdemeanor and her sentence to an aggregate of three years, with 180 days executed and the remainder served on home detention. Finds the state presented sufficient evidence to support Mitchell’s possession conviction and that her convictions do not violate double jeopardy principles. Also finds Mitchell did not meet her burden to prove the Tippecanoe Superior Court committed fundamental error in the admission of evidence. Finally, finds Mitchell’s sentence is not inappropriate.
J.L.S. v. E.K.S. (mem. dec.)
34A02-1709-DR-2093
Domestic relation. Affirms the denial of J.S.’s petition to modify his obligation for the payment of post-secondary educational expenses for C.S. Finds under the parties’ agreement, rent is includable as an educational expense. Also finds J.S. did not establish changed circumstances so substantial as to make the existing order unreasonable.
Charles Anthony Taylor v. State of Indiana (mem. dec.)
45A03-1707-CR-1490
Criminal. Affirms Charles Taylor’s convictions for felony murder, Class A felony attempted robbery, Class B felony battery, Class C felony aggravated battery, Class B felony conspiracy to commit robbery and Class D felony conspiracy to commit obstruction of justice and his sentence to an aggregate of 147 years’ imprisonment. Finds the Lake Superior Court did not err by not severing some of the charges against Taylor. Also finds Taylor’s sentence is not inappropriate considering the nature of the offenses and his character.
In the Matter of the Involuntary Termination of the Parent-Child Relationship of: G.P. and G.B. (Minor Children) and H.P. (Mother) v. The Indiana Department of Child Services (mem. dec.)
55A04-1709-JT-2117
Juvenile termination of parental rights. Affirms the termination of H.P.’s parent-child relationship with her two children. Finds there was sufficient evidence to support the termination order.
Unsupervised Estate: John W. Homan v. The Unsupervised Estate of Robert L. Homan, Deceased (mem. dec.)
46A05-1706-EU-1357
Estate, unsupervised. Dismisses John W. Homan’s appeal of the entry of an order denying his petition to convert the Unsupervised Estate of Robert L. Homan to a supervised estate and for other relief relating to the estate, and the grant of the motion to strike filed by the estate’s counsel. Finds sua sponte that the order is neither a final judgment nor an appealable interlocutory order.
Janet Freels v. James F. Koches and Sunset Builders, Inc. (mem. dec.)
91A04-1708-SC-1990
Small claims. Affirms the denial of Janet Freels’ Indiana Trial Rule 60(B)(2) motion for relief from judgment. Finds Freels filed her motion outside the one-year timeframe required by Trial Rule 60(B).
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