Opinions Dec. 9, 2019

Indiana Court of Appeals
Scott Shields v. Town of Perrysville
19A-MI-00979
Miscellaneous. Affirms the Vermillion Circuit Court’s judgment in favor of the Town of Perrysville on its quiet title action against Scott Shields. Finds the trial court did not clearly err in rejecting Shield’s claim of abandonment. Declines to reweigh evidence and reassess witness credibility regarding an expert survey.

Buckingham Management LLC, et al. v. Tri-Esco, Inc.
19A-CT-657
Civil tort. Affirms the Tippecanoe Superior Court’s grant of summary judgment in favor of Tri-Esco, Inc. against Buckingham Management, LLC, d/b/a Bradford Place Apartments. Finds the conflicting provisions in the snow removal service agreement do not create a genuine issue of material fact as to whether Tri-Esco should have applied salt and other snow removal services, , without Bradford’s request, two days before Deborah Perez slipped and fell.

Joshua Risinger v. State of Indiana
19A-CR-281
Criminal. Reverses the Washington Circuit Court’s denial of Joshua Risinger’s two motions to suppress incriminating statements he made to law enforcement during three interviews before he was found guilty but mentally ill of murder. Finds Risinger’s waiver was voluntary, but that admitted statements were obtained in violation of his right to remain silent pursuant to Miranda.

Richard Brian Reffett v. State of Indiana (mem. dec.)
19A-CR-00957C
riminal. Affirms Richard Reffett’s nine-year sentence for conviction of Level 3 felony rape and Level 4 felony burglary. Finds there is sufficient evidence to support his convictions in Marion Superior Court.

Bradley Kay v. State of Indiana (mem. dec.)
19A-CR-1523
Criminal. Reverses the revocation of Bradley Kay’s community corrections and probation placements, finding the Marion Superior Court’s failure to ensure that Kay was advised as required by Indiana Code Section 35-38-2-3(e) constitutes fundamental error. Remands for a new hearing.

Ryan K. Hensley v. State of Indiana (mem. dec.)
19A-CR-1564
Criminal. Affirms Ryan Hensley’s conviction in Vanderburgh Superior Court of Level 3 felony attempted robbery while armed with a deadly weapon. Finds there is sufficient evidence to support his conviction.

Cora J. Robinson v. State of Indiana (mem. dec.)
19A-CR-1149
Criminal. Affirms Cora Robinson’s conviction in Brown Circuit Court of Class B misdemeanor criminal recklessness. Finds sufficient evidence to support the conviction. Also Finds Robinson failed to establish any error regarding the $7,480 restitution order.

B.D. v. State of Indiana (mem. dec.)
19A-JV-1719
Juvenile. Affirms the modification of delinquent child B.D.’s placement to the Indiana Department of Correction. Finds any error regarding the Cass Circuit Court’s findings in support of modification of the disposition does not amount to reversible error.

Ronnie Fields v. State of Indiana (mem. dec.)
19A-CR-1260
Criminal. Affirms Ronnie Fields’ convictions of Level 5 felony operating a vehicle after forfeiture of license for life and Class C misdemeanor refusal to identify self. Finds the Grant Superior Court did not abuse its discretion in denying Fields’ request for a continuance for the purpose of obtaining and appointing standby counsel.

Timothy D. Weinley v. State of Indiana (mem. dec.)
19A-CR-555
Criminal. Affirms the denial of Timothy Weinley’s motion to withdraw his guilty plea. Finds the Huntington Superior Court did not abuse its discretion when it denied Weinley’s motion to withdraw his guilty plea.

Ryan Michael Dudley v. State of Indiana (mem. dec.)
18A-CR-2482
Criminal. Affirms Ryan Dudley’s aggregate 40-year sentence for conviction of two counts of Level 4 felony child molesting and one count of Level 3 felony child molesting. Finds no double jeopardy violation, no error in the admission of evidence, or inappropriateness of Dudley’s sentence imposed in Hancock Circuit Court.

Gregory Jones v. State of Indiana (mem. dec.)
19A-CR-1526
Criminal. Affirms the Wells Circuit Court’s order that Gregory Jones serve his previously suspended four-year sentence for failure to pay child support. Finds the trial court did not abuse its discretion by revoking his probation and suspended sentence. Judge Patricia Riley dissents in a separate opinion.

In the Matter of A.W. (Child in Need of Services) and K.W. (Mother) v. Indiana Department of Child Services (mem. dec.)
19A-JC-1375
Juvenile CHINS. Affirms the child in need of services adjudication for A.W. Finds the Hendricks Superior Court’s determination is not clearly erroneous.

Keon D. Oakley, Jr. v. State of Indiana (mem. dec.)
19A-CR-996
Criminal. Affirms in part, reverses in part Keon D. Oakley, Jr.’s conviction of Level 3 felony criminal confinement and Level 5 felony battery. Finds sufficient evidence to support the criminal confinement conviction. Remands to Allen Superior Court with instructions to enter judgment on the Level 5 felony battery as a Class B misdemeanor due to double jeopardy concerns and resentence Oakley accordingly.

Youth Opportunity Center, Inc. v. Indiana Department of Child Services (mem. dec.)
19A-MI-1856
Miscellaneous. Dismisses the Youth Opportunity Center, Inc.’s appeal of the Delaware Circuit Court’s order granting the Indiana Department of Child Services’ motion for change of venue. Finds the appeal is untimely.

Jerry L. Berkley, Jr. v. State of Indiana (mem. dec.)
19A-CR-1555
Criminal. Affirms the Vigo Superior Court’s order revoking Jerry Berkley Jr.’s probation and executing the balance of his suspended six-year sentence. Finds the trial court did not abuse its discretion in ordering Berkley to serve the balance of his suspended sentence in the DOC.