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In re the Termination of the Parent-Child Relationship of J.K., B.K., and I.R. (Minor Children) and L.R. (Mother) v. Indiana Department of Child Services
18A-JT-529
Juvenile termination. Reverses the Vanderburgh Superior Court’s termination of L.R.’s parental rights. Finds the trial court failed to afford L.R. due process rights under Indiana statute in several, separate instances. Remands for further proceedings.
Charles A. Moon, Jr. v. State of Indiana,
18A-CR-879
Criminal. Affirms Charles Moon’s sentence for conviction of Level 4 felony dealing in cocaine and Level 6 felony resisting law enforcement. Finds the Howard Superior Court did not err when it calculated his credit time. Finds his sentence is not inappropriate in light of the nature of the offenses and his character. Judge Terry Crone concurred in result in part in a separate opinion.
Robert J. Adkins v. State of Indiana (mem. dec.)
18A04-1711-CR-2643
Criminal. Affirms Robert Adkins’ conviction of two counts of Class A felony child molesting and one count of Class D felony disseminating matter harmful to minors.
Finds no reversible error occurred when witnesses referred to Adkins’ taped statement to the police as a “confession.” Finds the Delaware Circuit Court did not err by failing to declare a mistrial when a portion of Adkins’ recorded statement to the police referenced “hooking” Adkins up to “this machine.” Lastly, finds the trial court did not err in permitting the state to amend the information charging Adkins with disseminating matter harmful to a minor because the amendment was not one of substance and could therefore by made at any time.
Christopher L. Holderman v. Zachary A. Lewis and West Bend Mutual Insurance Company (mem. dec.)
71A05-1712-CT-2751
Civil tort. Affirms the St. Joseph Superior Court’s grant of summary judgment in favor of West Bend Mutual Insurance Company. Finds Zachary Lewis’ use of the truck was subject to the regular use exclusion of the West Bend Policy. Also finds West Bend had no duty under the policy to defend or indemnify Zachary against Christopher Holderman’s complaint.
Rolland R. Ladyga v. State of Indiana (mem. dec.)
18A-PC-595
Post-conviction. Affirms the Grant Superior Court’s denial of Rolland Ladyga’s petition for post-conviction relief. Finds Ladyga’s guilty plea was knowing, voluntary and intelligent. Finds the trial court did not err in its denial.
Tanner Cripe v. State of Indiana (mem. dec.)
18A-CR-452
Criminal. Affirms Tanner Cripe’s sentence for conviction of Level 5 felony burglary and Level 6 felony theft. Finds the Noble Circuit Court did not err in terminating Cripe from the Noble County Drug Court Program. Finds Cripe’s sentence is not inappropriate in light of the nature of the offenses or his character. Finds the trial court did not err by denying him due process during his termination hearing and by not considering certain mitigating factors during sentencing.
Bennie Truth v. State of Indiana (mem. dec.)
49A04-1711-PC-2610
Post-conviction. Affirms the Marion Superior Court’s denial of Bennie Truth’s petition for post-conviction relief. Finds the trial court did not erroneously determine Truth did not have ineffective assistance of trial and appellate counsel.
Christopher M. Dillard v. State of Indiana (mem. dec.)
17A-CR-3050
Criminal. Reverses the Porter Superior Court’s partial grant and denial of Christopher Dillard’s motion to suppress incriminating statements he made while in police custody after three prior requests for counsel went unheeded. Remands for all statements made by Dillard during his interrogation by Officer Cincoski suppressed between 11:57 p.m. April 19, 2017 through the end of his interrogation on April 20, 2017.
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