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C.S., Jr. v. State of Indiana
18A-JV-862
Juvenile. Affirms the Elkhart Juvenile Court’s placement of C.S., Jr., in the Indiana Department of Correction after his delinquency adjudication for what would have been Class A misdemeanor dangerous possession of a firearm if committed by an adult. The juvenile court did not abuse its discretion and C.S., Jr.’s presence via video conference was sufficient to satisfy the requirements of Indiana Code section 31-37-18-1.3.
Lance Pruitt v. State of Indiana (mem. dec.)
18A-CR-224
Criminal. Affirms 32-year sentence and conviction of two counts each of Level 3 felony robbery and Level 3 felony criminal confinement. Finds the Howard Circuit Court did not err by failing to suppress evidence resulting from a warrant to obtain Pruitt’s DNA, and that his sentence was not inappropriate in light of the nature of the offense and his character.
In the Matter of the Civil Commitment of: D.H. v. Eskenazi Health/Midtown Mental Health CMHC (mem. dec.)
18A-MH-635
Mental health. Affirms the Marion Superior court order extending D.H.’s temporary involuntary commitment to a regular involuntary commitment. While the order signed by a magistrate judge rather than a judge is defective, D.H. has waived the argument.
Kimberley A. Fisher v. Frederick H. Fisher, III (mem. dec.)
18A-DR-929
Domestic relation. Reverses the Henry Circuit Court order requiring Kimberley A. Fisher to sell or refinance a residence to purge a contempt citation arising after she failed to make a mortgage payment on the marital residence. Because she did not willfully disobey the parties’ settlement agreement, the court erred. Remanded for proceedings.
Terry Lee Shaw v. State of Indiana (mem. dec.)
18A-CR-741
Criminal. Affirms in part, reverse in part and remands the Kosciusko Superior Court’s 24-year sentence imposed on Terry Lee Shaw for his conviction of Level 4 felony child molesting, his adjudication as a habitual offender, and the finding he was a credit-restricted felon. Affirms the sentence as not inappropriate and the evidence as sufficient to support the conviction, but reverses Shaw’s designation as a credit-restricted felon. Remands to the trial court to remove the designation and notify the Department of Correction.
In Re the Termination of the Parent-Child Relationships of: H.H., A.H., and A.S. (Minor Children) and M.R. v. The Indiana Department of Child Services (mem. dec.)
18A-JT-790
Juvenile termination. Affirms the Spencer Circuit Court’s termination of mother M.C.R.’s parental rights to her minor children, H.H., A.H. and A.S. The evidence is sufficient to support the termination.
Christopher D. McCoy v. State of Indiana (mem. dec.)
18A-CR-1022
Criminal. Reverses the Clark Circuit Court’s 12-year-sentence for Class C felony child molesting, which is outside the statutory maximum. The trial court may have transposed sentencing ranges when it also sentenced McCoy to eight years for his conviction of Level 4 felony child molesting. Remands for resentencing, at which time the trial court may resentence McCoy to any aggregate term not greater than his original sentence.
Derek A. Saylor v. State of Indiana (mem. dec.)
18A-CR-528
Criminal. Affirms Derek A. Saylor’s three-year sentence and his conviction of Level 5 felony criminal recklessness. The Allen Superior Court did not abuse its discretion when it did not enter a sentencing statement. It was not required to do so because it imposed the advisory sentence, which also was not inappropriate.
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