Opinions Dec. 11, 2019

Indiana Court of Appeals
Jun Li and Jimmy Chung Fai Tam v. NextGear Capital, Inc.
19A-CC-608
Civil collection. Reverses the denial of Jun Li’s motion to set aside default judgment in a complaint filed by NextGear Capital, Inc. Finds Li has demonstrated grounds for setting aside the entry of default judgment pursuant to Trial Rule 60(B)(1) and has alleged a meritorious defense. Also finds the trial court abused its discretion in denying his motion to set aside default judgment. Remands for further proceedings. Judge Margret Robb concurs with separate opinion.

McNeal Stewart, Michael A. Carpenter, and Sheneen Haley v. Stan R. McCray and Canaan Baptist Church of Elkhart, Indiana, Inc.
19A-PL-149
Civil plenary. Reverses the Elkhart Superior Court’s finding of the Rev. McNeal Stewart in contempt of court and order that he serve 30 days in the Elkhart County Jail. Finds the trial court lacked subject matter jurisdiction over the matter. Remands with instructions for the trial court to dismiss Cause No. 20D02-1804-PL-65, finding all orders issued by the trial court in Canaan II are void ab initio. Orders Stan McCray’s counsel to return to Stewart $2,500 the latter paid to counsel on Dec. 4, 2018.

William Terpstra v. State of Indiana
19A-CR-671
Criminal. Affirms the Howard Superior Court’s order revoking William Terpstra’s probation, ordering that he execute the entirety of his previously suspended sentence and sanctioning him. Finds the state proved the new offense of child molesting by fondling by a preponderance of the evidence and that the trial court’s judgment statement complied with Terpstra’s right to due process. Also finds no abuse of discretion and that any error in the admission of evidence was harmless. Chief Judge Nancy Vaidik dissents with a separate opinion.

In the Matter of the Paternity of M.A.M. State of Indiana by the IV-D Prosecutor of Miami County v. T.M.
19A-JP-771
Juvenile paternity. Majority reverses the Miami Circuit Court’s grant of a motion to strike and dismissal of a paternity action filed by a prosecutor on behalf of an alleged father who applied for child support services after the two-year statute of limitations on paternity filings expired. Majority holds that the prosecutor was authorized to file an amended petition. Judge Patricia Riley dissents, finding the legislature has limited prosecutors’ ability to file petitions after the statute of limitations, and the prosecutor in this case was not authorized to file the amended paternity action.

D.T. v. J.M.
19A-AD-1334
Adoption. Remands the St. Joseph Probate Court’s order granting the adoption of D.T.’s two children by their adoptive father, J.M. Finds the trial court failed to make any findings that would allow for his consent to be dispensed with. Remands with instructions for the trial court to determine, first, whether D.T. is unfit to be a parent and, if so, whether it is in the best interests of the children to dispense with his consent.

Christopher Brown v. State of Indiana (mem. dec.)
19A-CR-1890
Criminal. Affirms Christopher Brown’s convictions of disorderly conduct as a Class B misdemeanor and resisting law enforcement as a Class A misdemeanor. Finds the state presented sufficient evidence beyond a reasonable doubt to support Brown’s disorderly conduct conviction.

Jeremy Cole Searcy v. State of Indiana (mem. dec.)
19A-CR-593
Criminal. Reverses Jeremy Cole Searcy’s convictions of Level 4 felony dealing methamphetamine and Level 6 felony counts of unlawful possession of a syringe and maintaining a common nuisance. Finds Searcy’s videotaped statement contained numerous Evidence Rule 404(b) violations that may have had a significant effect on the jury. Also finds the incriminating nature of the evidence contained in the videotape was so prejudicial and inflammatory to Searcy that it placed him in a position of grave peril to which he should not have been subjected. Finally, finds the Rush Superior Court erred in denying Searcy’s motion for a mistrial. In a footnote, finds that the actual evidence test would preclude Searcy’s conviction for maintaining a common nuisance on double jeopardy grounds.

Alexis Flynn v. State of Indiana (mem. dec.)
19A-CR-1958
Criminal. Affirms the denial of Alexis Flynn’s motion to suppress evidence recovered during the search of her apartment. Finds the officers acted reasonably in their efforts to protect Flynn from potential harm. Also finds the facts of this case created an exigent circumstance sufficient to justify the officers’ warrantless entry into Flynn’s apartment. Finally, finds substantial evidence of probative value exists to support the Lawrence Superior Court’s ruling.

Cheyanne V. Meredith v. State of Indiana (mem. dec.)
19A-CR-1332
Criminal. Affirms Cheyanne Meredith’s convictions of two counts of Level 6 felony neglect of a dependent. Finds the state proved the offenses beyond a reasonable doubt. Also finds the Brown Circuit Court did not abuse its discretion in instructing the jurors on the role of the alternate juror. Finally, finds the trial court did not abuse its discretion in denying Meredith’s motions for mistrial.

James Murphy v. State of Indiana (mem. dec.)
19A-CR-1289
Criminal. Affirms and reverses in part James Murphy’s convictions of Class A misdemeanor counts of intimidation and resisting law enforcement and Class B misdemeanor disorderly conduct. Finds the state presented sufficient evidence beyond a reasonable doubt to convict Murphy of his intimidation and resisting law enforcement offenses. Also finds Murphy’s speech was protected political speech and did not constitute an abuse of the right to free speech under the Indiana Constitution, so his conviction for disorderly conduct must be reversed.

Cornelius T. Compton v. State of Indiana (mem. dec.)
19A-CR-1584
Criminal. Affirms Cornelius T. Compton’s conviction of Level 3 felony aggravated battery. Finds the state presented sufficient evidence to support Compton’s conviction.

L.E. v. State of Indiana (mem. dec.)
19A-JV-1680
Juvenile. Affirms the order committing L.E. to the custody of the Indiana Department of Correction. Finds the juvenile court did not abuse its discretion.

In the Matter of: N. P. (Minor Child) And J. O. (Father) v. The Indiana Department of Child Services (mem. dec.)
19A-JC-1706
Juvenile CHINS. Affirms the order declaring father J.O.’s minor child N.P. to be a child in need of services but returning the child to J.O.’s care. Finds the Monroe Circuit Court’s findings and conclusions that N.P. was an in-home CHINS were supported by the evidence and, therefore, were not clearly erroneous.

Robert Wayne Day v. State of Indiana (mem. dec.)
19A-CR-568
Criminal. Affirms Robert Day’s conviction of Level 5 felony attempted burglary. Finds the state presented sufficient evidence to prove Day intended to burglarize the Veterans of Foreign Wars post rather than simply vandalizing its exterior.

Scott Thomas Porta v. State of Indiana (mem. dec.)
19A-CR-1573
Criminal. Affirms the revocation of Scott Thomas Porta’s probation and the order for him to serve his previously suspended sentence. Finds the Lake Superior Court did not abuse its discretion.

C.S. v. State of Indiana (mem. dec.)
19A-JV-1294
Juvenile. Affirms the placement of C.S. in the Department of Correction Juvenile Division after he was adjudicated as a delinquent for possession of marijuana and battery with bodily injury to a public safety officer. Finds the disposition selected by the juvenile court was not an abuse of discretion, and it was the least restrictive available alternative that was consistent with the safety of the community and the best interests of the child.

Dean Griffin d/b/a Mighty Motors, Inc. v. Edward Stephens (mem. dec.)
19A-SC-1497
Small claims. Affirms the $4,160 small-claims judgment in favor of Edward Stephens in his action against Dean Griffin d/b/a Might Motors Inc. Finds the small claims court did not abuse its discretion in finding that the case was not barred by the applicable six-year statute of limitations. Also finds that all the basic requirements for a contract were encompassed in the parties’ agreement, so the small claims court properly determined that the parties had entered into an oral contract. Finally, finds the small claims court did not abuse its discretion in denying Griffin’s counterclaim request.

Zachary S. Adams v. State of Indiana (mem. dec.)
19A-CR-728
Criminal. Affirms Zachary Adams’ conviction of Level 4 felony burglary. Find the St. Joseph Superior Court did not abuse its discretion in the admission of evidence. Also finds the evidence is sufficient to sustain Adams’ conviction.

In the Matter of the Paternity of Sheldon Contrell Woods, Jr., and Tayja Monae Woods, By Next Friend, Sheldon C. McAuley v. Tameka R. Woods, and State of Indiana (mem. dec.)
19A-JP-748
Juvenile paternity. Affirms the denial of Sheldon C. McAuley’s motion for relief from judgment, specifically an order finding McAuley’s child support arrearage to be $30,621.84. Finds McAuley has not shown that the Allen Superior Court abused its discretion when it denied his motion for relief from judgment.

Michael L. Bower v. State of Indiana (mem. dec.)
19A-CR-1379
Criminal. Affirms Michael Bower’s conviction of Level 5 felony escape and his three-year sentence. Finds the state presented sufficient evidence beyond a reasonable doubt to convict Bower. Also finds Bower’s sentence is not inappropriate in light of the nature of the offense and his character.

Jon T. Marshall v. State of Indiana (mem. dec.)
19A-CR-1683
Criminal. Affirms Jon Marshall’s 21-year sentence for his conviction of Level 2 felony robbery resulting in serious bodily injury. Finds the Vigo Superior Court properly identified the mitigating and aggravating circumstances and, therefore, did not abuse its discretion when it imposed an enhanced sentence.