Opinions Sept. 24, 2019

Indiana Court of Appeals
Feather Trace Homeowners Association, Inc. v. Donald R. Luster
19A-SC-300
Small claims. Reverses the Marion Superior Small Claims Court’s judgment in favor of homeowner Donald Luster against the Feather Trace Homeowners Association. Finds no cases holding that abrogation of homeowner association dues and assessments is the appropriate remedy for an owner’s dissatisfaction with the way an HOA is performing or the conditions or quality of the neighborhood and its amenities. Remands with instructions to enter judgment in favor of the HOA and to calculate the amount owed by Luster.

In re the Termination of the Parent-Child Relationship of J.C. and R.C. (Minor Children) and B.C. (Mother) v. Indiana Department of Child Services, and Child Advocates, Inc.
19A-JT-350
Juvenile termination. Affirms the termination of B.C.’s parental rights to her children J.C. and R.C. entered in Marion Superior Court. Finds mother waived the statutory time limit, that the admission of the drug screen results was harmless, and that there is sufficient evidence to support the trial court’s termination orders. Judge Rudolph Pyle III concurs in result with opinion.

State of Indiana; Indiana Department of Education; Eric Holcomb, in his official capacity as Governor of Indiana; et al. v. Indiana Connections Academy, Inc.; Rural Community Schools; et al.
18A-PL-2634
Civil plenary. Reverses the Marion Superior Court’s award in favor to Indiana Connections Academy, Inc., Andrew J. Brown Charter School, Inc., Aspire Charter Academy, Inc., and National Heritage Academies, Inc. Finds the Indiana General Assembly did not intend the statutory funding formula to result in a six-month funding lag. Therefore, finds the charter schools are not entitled to recover tuition support for that time period. Remands with instructions to enter judgment in favor of the state.

Kelly M. Hudson v. State of Indiana (mem. dec.)
19A-CR-197
Criminal. Affirms Kelly Hudson’s murder conviction in Marion Superior Court. Finds statements made by the state were not an inappropriate comment on Hudson’s failure to testify, and the state therefore did not violate the Fifth Amendment or Article 1, Section 14 of the Indiana Constitution.

Billy J. Lemond v. Indiana Department of Correction, State of Indiana, and Westville Correctional Facility (mem. dec.)
19A-SC-708
Small claims. Affirms the LaPorte Superior Court’s dismissal of Billy Lemond’s claim against the Westville Correctional Facility, the Indiana Department of Correction, and the State of Indiana. Finds his claim was properly dismissed.

Kevin E. Clark, Jr. v. State of Indiana (mem. dec.)
19A-CR-283
Criminal. Affirms Kevin Clark Jr.’s conviction of Level 6 felony maintaining a common nuisance. Finds the Porter Superior Court did not abuse its discretion in admitting marijuana found in a package and in Clark’s basketball shorts. Also finds the trial court properly instructed the jury.

Johnny Riley Jonas v. State of Indiana (mem. dec.)
18A-CR-3121
Criminal. Affirms Johnny Jonas’ aggregate 10-year sentence imposed in Jackon Circuit Court for conviction of Level 4 felony child molesting and of Level 6 domestic battery. Finds his sentence is not inappropriate in light of the nature of the offenses and his character. Finds there is sufficient evidence to support the convictions.

In the Matter of the Termination of the Parent-Child Relationship of T.M., Z.M., E.M., & N.M., (Children) and S.M. (Father); S.M. (Father) v. The Indiana Department of Child Services (mem. dec.)
19A-JT-1019
Juvenile termination. Affirms the termination of S.M.’s parental rights to T.M., Z.M., E.M., and N.M. Finds the evidence supported the Henry Circuit Court’s conclusions that the conditions under which children were removed from S.M.’s care would not be remedied and that termination was in children’s best interests.

Dwayne D. Skinner v. State of Indiana (mem. dec.)
19A-CR-606
Criminal. Affirms Dwayne Skinner’s conviction in Bartholomew Superior Court of Level 5 felony dealing in methamphetamine. Finds Skinner has not carried his burden of persuading that his five-year sentence is inappropriate based upon his character and the nature of the offense.

Michael D. Hickingbottom v. Robert E. Carter, Jr., Commissioner of the Indiana Department of Correction, Mark Sevier, Warden of Westville Correctional Facility, Troy Cambe, et al. (mem. dec.)
19A-PL-792
Civil plenary. Affirms the LaPorte Superior Court’s order dismissing Michael Hickingbottom’s complaint pursuant to Indiana Code section 34-58-1-2. Finds Hickingbottom waived review as to why the trial court erred in dismissing his complaint pursuant to I.C. section 34-58-1-2 by not raising any argument.

Warren Parks v. State of Indiana (mem. dec.)
18A-PL-3068
Civil plenary. Affirms the denial of Warren Parks’ request for an extension of time to file a rebuttal to a pleading filed in Putnam Superior Court by the state of Indiana. Finds Parks waived the appellate court’s review of his claims on appeal.

Rachel Bull v. State of Indiana (mem. dec.)
19A-CR-759

Criminal. Affirms Rachel Bull’s conviction of Class A misdemeanor battery resulting in bodily injury. Finds there is sufficient evidence to support the Marion Superior Court’s conviction.

In the Matter of the Termination of the Parent-Child Relationship of J.B., Father, and L.B. and I.B., Minor Children, J.B. v. Indiana Department of Child Services, et al. (mem. dec.)
19A-JT-635
Juvenile termination. Affirms the termination of J.B.’s parental rights to his children L.B. and I.B. Finds the Marion Superior juvenile court’s termination of J.B.’s parental rights to children was not clearly erroneous and that the termination was in the children’s best interests.

Matthew Pence v. State of Indiana (mem. dec.)
19A-CR-508
Criminal. Affirms Matthew Pence’s conviction in Marion Superior Court of Level 6 felony battery resulting in moderate bodily injury. Finds there is sufficient evidence to support the conviction.

Charles W. Florance v. American Express Centurion Bank (mem. dec.)
19A-CC-854
Civil collection. Affirms the St. Joseph Superior Court’s signature and entry of an agreed judgment between Charles Florance and American Express Centurion Bank. Remands with instructions to enter an order requiring American Express to file a motion to vacate the agreed judgment if and when Florance’s timely monthly payments total $13,500. Finds the order should require that the motion to vacate be filed within 14 days of the day on which Florance’s payments total $13,500.

Eric P. Mains v. Citibank, N.A., et al. (mem. dec.)
18A-CT-3152
Civil tort. Affirms in part, reverses in part Eric Mains’ dismissal of his amended complaint. Finds the absence of an appendix hampered the appellate court’s review. Finds that the only claim Mains has preserved for appellate review is barred by claim preclusion. Reverses the Clark Circuit Court’s dismissal of Mains’ complaint as to Sobotta and G&K and remands for further proceedings.

Casey Lee Kimbrell v. State of Indiana (mem. dec.)
19A-CR-10
Criminal. Affirms Casey Kimbrell’s aggregate 20-year sentence for conviction of two counts of Class B felony burglary. Remands to the Tippecanoe Superior Court with instructions to recalculate Kimbrell’s credit time.