Opinions Dec. 10, 2019

Indiana Court of Appeals
In re the Involuntary Termination of the Parent-Child Relationship of: K.L. and K.J.L. (Minor Children), and B.L. (Mother) v. Indiana Department of Child Services
19A-JT-1211
Juvenile termination. Affirms the Tippecanoe Superior Court’s denial of mother B.L.’s motion for separation of witnesses in her termination of parental rights hearing. Finds overwhelming evidence supporting the juvenile court’s order terminating B.L.’s parental rights to her children Ko. and Ki., such that mother’s substantial rights were not affected by the juvenile court’s error in denying the motion.

Lake & Forest Club, Inc. v. Beulah Hamilton, et al. (mem. dec.)
19A-MI-1695
Miscellaneous. Affirms the dismissal of Lake & Forest Club, Inc.’s petition for judicial review of a decision of the Jackson County Board of Zoning Appeals. Finds the trial court did not err in dismissing the petition. Finds the club could not circumvent the requirement for timely filing the board record by filing an amended petition.

Lennard Coleman, Sr. v. State of Indiana (mem. dec.)
19A-CR-859
Criminal. Affirms the denial of Lennard Coleman Sr.’s motion to correct erroneous sentence. Finds the Tippecanoe Superior Court did not abuse its discretion by denying the motion.

Milton Antonio Garcia v. State of Indiana (mem. dec.)
19A-CR-1583
Criminal. Affirms Milton Garcia’s 30-year sentence for conviction of Level 2 felony burglary. Finds the sentence is not inappropriate.

J.F. v. State of Indiana (mem. dec.)
19A-JV-1209
Juvenile. Affirms the placement of J.F. in the Department of Correction for an indeterminate amount of time. Finds no abuse of discretion in the Sullivan Circuit Court’s order.

Quinton A. Rush v. State of Indiana (mem. dec.)
19A-CR-697
Criminal. Affirms Quinton Rush’s conviction of Level 2 felony cocaine dealing, Level 6 felony marijuana dealing and Class C misdemeanor operating a vehicle with a controlled substance in the body. Finds the White Superior Court did not err in admitting into evidence the items seized from his vehicle during the traffic stop and the statements he made to police.

In the Matter of the Adoption of A.D.B. (Minor Child): B.B. v. J.J. and S.J. (mem. dec.)
19A-AD-1219
Adoption. Affirms the Dearborn Circuit Court’s order granting J.J.’s and S.J.’s petition to adopt B.B.’s child, A.D.B. Finds insufficient evidence to support the trial court’s conclusion that B.B.’s consent was irrevocably implied under Indiana Code Section 31-19-9-18. However, finds sufficient evidence to support the trial court’s alternative holding that, even if her consent was not implied, B.B.’s consent was not necessary because she abandoned the child for at least six months prior to the filing of the adoption petition.

V.T. v. Review Board of the Indiana Department of Workforce Development (mem. dec.)
19A-EX-1233
Agency. Affirms the Indiana Department of Workforce Development Unemployment Insurance Review Board’s decision affirming the finding by an administrative law judge that V.T. was discharged from her employment for good cause, thereby terminating her unemployment benefits. Finds the ALJ’s findings are supported by the evidence.

Brandon Hill v. State of Indiana (mem. dec.)
19A-CR-609
Criminal. Affirms Brandon Hill’s conviction of two counts of Level 5 felony robbery and his five-year sentence. Finds the LaPorte Circuit Court did not abuse its discretion in sentencing Hill.

Lakesha Norington v. State of Indiana (mem. dec.)
19A-PC-441
Post conviction. Affirms Lakesha Norington’s aggregate 60-year sentence for conviction of Class B felony robbery, Class C felony burglary, and Class A felony involuntary manslaughter. Finds that although the Marion Superior Court properly denied Norington’s motion to change venue, it is not entirely clear that it dismissed her improper post-conviction relief petition. Remands with instructions to do so.

Ddrea Wayne Bostic v. State of Indiana (mem. dec.)
19A-CR-1383
Criminal. Affirms Ddrea Bostic’s 750-day placement in the Hendricks County Jail is not inappropriate in light of the nature of his offense and character.

Timothy Haigh v. State of Indiana (mem. dec.)
19A-CR-204
Criminal. Affirms Timothy Haigh’s convictions of two counts of Level 1 felony child molesting and one count of Level 4 felony child molesting. Funds the LaPorte Circuit Court did not abuse its discretion in admitting an uncertified copy of a document purporting to be his driver’s license and repeated references to the victim’s initial disclosure of molestation.

Shannon Breaux v. State of Indiana (mem. dec.)
19A-CR-1268
Criminal. Affirms Shannon Breaux’s conviction of Level 6 felony neglect of a dependent and Level 5 felony battery resulting in bodily injury to a person less than 14 years of age. Finds the Tippecanoe Superior Court did not err with respect to the evidence presented at the sentencing hearing or in sentencing Breaux. Finds Breaux’s sentence is not inappropriate and that the trial court’s sentencing order contains a clerical error. Remands to correct the error.

Timothy M. Tinsley v. State of Indiana (mem. dec.)
19A-CR-1292
Criminal. Affirms Timothy Tinsley’s conviction of Level 5 felony battery resulting in serious bodily injury. Finds sufficient evidence to rebut his self-defense claim and prove the conviction entered in Morgan Superior Court.

Edward Neil Schafer v. State of Indiana (mem. dec.)
19A-CR-1111
Criminal. Affirms Edward Schafer’s conviction in Wabash Superior Court of Class A misdemeanor invasion of privacy. Finds sufficient evidence to support the conviction.

D.C. v. State of Indiana (mem. dec.)
19A-JV-541
Juvenile. Affirms a dispositional decree placing D.C. in a residential facility. Finds the procedures leading to a modified decree were not fundamentally unfair. Finds the Greene Circuit Court did not abuse its discretion in placing D.C. in a residential facility.

I.C. v. State of Indiana (mem. dec.)
19A-JV-1468
Juvenile. Affirms placement of delinquent I.C. in the Department of Correction. Finds the Lake Superior Court did not abuse its discretion.

Ian P.Y. Foxworthy v. State of Indiana (mem. dec.)
19A-CR-1457
Criminal. Reverses the Vigo Superior Court’s sanction imposed on Ian P.Y. Foxworthy for failing to report to Community Corrections. Finds the trial court erred by imposing a sanction not authorized by a plea agreement. Remands with instructions to reduce the executed portion of the sentence imposed in Cause No. 84D05-1708- F6-2557 to four years.

Indiana Tax Court 

CVS Corporation v. Cathy Searcy, in her official capacity as Elkhart County Assessor
18T-TA-18
Tax. Affirms the Indiana Board of Tax Review’s final determination valuing an Elkhart CVS store for the 2012 through 2015 assessments. Finds CVS has not demonstrated to the Tax Court that the Indiana Board’s final determination is contrary to law, unsupported by substantial evidence, or constitutes an abuse of discretion.