Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowIndiana Court of Appeals
Clifton E. Sharp v. State of Indiana, and Brianna Finney
19A-CR-467
Criminal. Affirms and reverses in part the Clark Circuit Court’s ruling that the Estate of Clifton Sharp had standing to make a claim for bond money posted for Sharp by Brianna Finney, but summary judgment should be entered in favor of Finney. Finds the trial court properly concluded the estate had standing, but improperly entered judgment beyond that issue because there are factual matters to be developed. Remands for proceedings.
Joshua Lee v. Countryside Auto Sales, LLC (mem. dec.)
19A-SC-526
Small claims. Affirms the Harrison Superior Court’s ruling in favor of Countryside Auto Sales LLC on Joshua Lee’s small claims action. Finds the trial court did not err.
Tron Gorbonosenko v. State of Indiana (mem. dec.)
19A-CR-102
Criminal. Affirms Tron Gorbonosenko’s convictions of two counts of Level 5 felony reckless homicide and his aggregate 11-year sentence. Finds Gorbonosenko’s convictions are supported by sufficient evidence. Also finds the LaPorte Superior Court did not err in sentencing him because it did not abuse its discretion in failing to find mitigating factors, in finding aggravating factors or in failing to articulate specific reasons for imposing both enhanced and consecutive terms. Finally, finds Gorbonosenko waived his argument that the trial court erred by sentencing him based on speculative facts not in evidence.
Stephen Levendoski, Karen Levendoski, and Kathleen (Jensema) Gross v. Stanley Stevens (mem. dec.)
19A-PL-801
Civil plenary. Affirms the award of $21,905 in attorney fees and $126 in costs to Stanley Stevens for a frivolous action brought by his late wife’s children, Stephen and Karen Levendoski and Kathleen Gross. Finds the Allen Superior Court acted within its discretion in finding the children’s partition action to be frivolous. Also finds the trial court did not abuse its discretion in ordering the children to pay $21,905.
Dominic Jorman, Jr. v. State of Indiana (mem. dec.)
18A-CR-2897
Criminal. Affirms Dominic Jorman Jr.’s aggregate 10-year executed sentence for his conviction of Level 5 felony promoting prostitution. Finds the Hamilton Circuit Court did not abuse its discretion in sentencing Jorman. Also finds Jorman’s sentence is not inappropriate in light of the nature of his offense and his character.
In the Termination of the Parent-Child Relationship of: H.M. (Minor Child), and A.M. (Father) v. The Indiana Department of Child Services (mem. dec.)
19A-JT-752
Juvenile termination of parental rights. Affirms the termination of father A.M.’s parent-child relationship with H.M. Finds the evidence in Tippecanoe Superior Court is sufficient to support the termination order. Also finds the juvenile court committed only harmless error at most in admitting written reports as hearsay evidence.
In the Matter of the Termination of the Parent-Child Relationship of A.B. (Minor Child) and M.B. (Father) v. The Indiana Department of Child Services (mem. dec.)
19A-JT-571
Juvenile termination of parental rights. Reverses the termination of father M.B.’s parental rights to A.B. Finds the Department of Child Services did not produce sufficient evidence in Vigo Circuit Court to support the juvenile court’s determination that termination of M.B.’s parental rights was in A.B.’s best interests.
Travis Lee Evans v. State of Indiana (mem. dec.)
18A-CR-2895
Criminal. Affirms Travis Evans’ convictions of two counts of Class A felony child molesting and two counts of Level 1 felony child molesting. Finds Evans’ convictions do not violate state constitutional double jeopardy principles.
Please enable JavaScript to view this content.