Opinions March 11, 2019

Indiana Court of Appeals
In re the Paternity of W.R.H. Casie N. Wheeler v. William Jesse Hinshaw
18A-JP-1770
Juvenile paternity. Reverses modification of custody ordered by Hamilton Superior Court, awarding sole legal custody of W.R.H. to William Jesse Hinshaw. Majority holds that because Indiana Code section 31-17-2.2-1 does not place legal custody at issue any time there is a hearing regarding a proposed relocation, legal custody was not at issue at the hearing, and the trial court erred by ordering the modification. Judge Terry Crone dissents with separate opinion and would affirm the trial court’s award of sole legal custody to father.

Larry Warren v. State of Indiana
18A-CR-1725
Criminal. Reverses the Marion Superior Court’s partial denial of Larry Warren’s motion for return of property. Finds the trial court’s blanket order regarding the materials is completely erroneous. Remands for proceedings.

William J. Huff, II Revocable Trust Declaration, Dated June 28, 2011 and Nicole E. Huff Revocable Trust Declaration, Dated June 28, 2011 v. Michael O. Cain and Linda A. Raymond
18A-PL-1123
Civil plenary. Majority vacates a preliminary injunction enjoining the Huffs from logging and forestry activities using easements to and from their real estate near Lake Monroe in Monroe County, finding the injunction overbroad. Recommends the case be referred for mediation to facilitate prudent logging. Dissenting Judge Patricia Riley would affirm the trial court, finding the terms of the injunction were not overbroad and finding the majority’s recommendation for mediation “imprudent” and overstepping the court’s role.

Anthony G. Taylor v. State of Indiana
18A-IF-1475
Infraction. Reverses the Hamilton Superior Court’s denial of Anthony Taylor’s demand for a jury trial in a trial de novo. Finds Taylor is entitled to a jury trial and that a defendant can request a jury for a trial de novo regardless of whether they requested a jury in a prior city court proceeding.

Austin Stevens v. State of Indiana (mem. dec.)
18A-CR-1246    
Criminal. Affirms Austin Stevens’ conviction of one count of Class A misdemeanor invasion of privacy in cause 4388, but finds insufficient evidence to support an additional count of the same offense in Cause 2344. Reverses and vacates Stevens’ conviction and sentence in Cause 2344.

In the Matter of the Termination of the Parent-Child Relationship of S.H., Father, F.V., Mother, and S.H., Child: S.H. v. Indiana Department of Child Services (mem. dec.)
18A-JT-2148
Juvenile termination. Affirms the Boone Circuit Court’s termination of S.H.’s parental rights to his child, S.H. Finds the juvenile court did not err in ordering termination.

Joseph Allan Wilkins v. State of Indiana (mem. dec.)
18A-CR-2367
Criminal. Affirms Joseph Wilkins’ convictions of Class A misdemeanor domestic battery and Class A misdemeanor resisting law enforcement. Finds there is sufficient evidence to support the convictions.

Devin M. Reith v. State of Indiana (mem.dec.)
18A-CR-2440
Criminal. Affirms the DeKalb Circuit Court’s revocation of Devin Reith’s probation and imposition of his previously suspended sentence. Finds the trial court did not abuse its discretion when it revoked Reith’s probation and imposed his previously suspended sentence.

Jerome Williams v. Ron Neal, et al. (mem. dec.)
18A-CT-834
Civil tort. Affirms the LaPorte Circuit Court’s dismissal of Jerome Williams’ complaint against nine Indiana State Prison employees. Finds the trial court did not err in granting the state’s Indiana Trial Rule 12(b)(6) motion to dismiss for failure to state a claim upon which relief may be granted.
 
In the Matter of the Termination of the Parent-Child Relationship of Cam.L., Father, E.W., Mother, and C.L., Child, Cam.L. v. Indiana Department of Child Services (mem. dec.)
18A-JT-2019
Juvenile termination. Affirms the Jefferson Circuit Court’s termination of Cam. L.’s parental rights to his minor child C.L. Finds the juvenile court’s termination of Cam. L.’s parental rights is not clearly erroneous.

Citizens Action Coaltion of Indiana, Inc. v. Southern Indiana Gas & Electric Company d/b/a Vectren Energy Delivery of Indiana, Inc. (mem. dec.)
18A-EX-95
Agency action. Affirms the Indiana Utility Regulatory Commission’s order on remand approving Southern Indiana Gas & Electric Company d/b/a Vectren Energy Delivery of Indiana Inc.’s energy-efficiency plan for 2016-2017 that includes a revised lost revenue recovery proposal it had previously presented. Finds the commission’s order is not contrary to law, does not impermissibly deviate from precedent and is supported by substantial evidence.