Opinions July 13, 2023

Court of Appeals of Indiana
Heidi Marie Littlefield v. State of Indiana
22A-CR-2895
Criminal. Affirms Heidi Littlefield’s convictions of murder, Level 1 felony conspiracy to commit murder and Level 2 felony conspiracy to commit murder, as well as her 115-year aggregate sentence. Finds the evidence was sufficient to support Littlefield’s murder conviction. Also finds there is no double jeopardy violation as to Littlefield’s convictions for both murder and conspiracy to commit murder. Finally, find Littlefield’s sentence is not inappropriate in light of the nature of the offenses or her character.

Z.C. v. Review Board of the Indiana Department of Workforce Development
23A-EX-377
Agency action. Affirms the decision of the Review Board of the Department of Workforce Development, which upheld an administrative law judge’s affirmation of the denial of Z.C.’s request for waiver of repayment of overpaid unemployment benefits. Finds substantial evidence to support the Review Board’s decision, and that the ALJ and Review Board reasonably concluded that Z.C. was at fault for the overpayment. Also finds Z.C. waived his arguments under the Americans with Disabilities Act and the CARES Act; his argument that the department was negligent and had mismanaged records; and his argument that the department failed to provide him with an exhibit list before the waiver hearing.

In re: The Adoption of: J.J.E. and M.E., J.E., Sr. v. T.E., K.H-J., and S.J. (mem. dec.)
23A-AD-191
Adoption. Affirms the grant of T.E.’s petition to adopt J.J.E. and M.E. Finds the Monroe Circuit Court did not abuse its discretion in appointing guardian ad litem Terri Francis to serve as the children’s GAL in the adoption proceedings. Also finds the trial court did not err in finding that the father’s consent was not necessary. Finally, finds the trial court did not err in finding that adoption by T.E. was in the children’s best interests.

Tara Lucas v. Christopher Lucas (mem. dec.)
22A-DC-2158
Domestic relations with children. Affirms and reverses in part the denial of mother Tara Lucas’ motion to modify parenting time, the grant of $68 per week in retroactive child support, and the denial of child support going forward and attorney fees. Finds the Gibson Superior Court’s decision to rely on 2020 income figures, rather than 2021, in the calculation of child support was not clearly erroneous, but the court did clearly err by deducting $63,794 from father Christopher Lucas’ gross income. Also finds the trial court’s determination that Tara could work and make at least $290 per week was not clearly erroneous, but the appellate court cannot determine whether the trial court considered the proper amount of child support under the guidelines. Finally, finds the trial court did not abuse its discretion in denying Tara’s request for attorney fees. Remands for modification of the retroactive support award to reflect a weekly obligation of $101 and reconsideration of prospective support based on consideration of the proper child support worksheet.

Sue Thompson v. Kent W. Thompson (mem. dec.)
22A-DN-1927
Domestic relations no children. Affirms and reverses in part the decree dissolving the marriage of Sue and Kent W. Thompson. Finds the Boone Superior Court properly refused to charge Kent with the amount of monthly Lilly pension benefits he received during the pendency of the dissolution proceedings, and it was proper to consider the capital gains taxes and charge Sue a portion of those taxes if Kent sells the residence. Also finds the trial court correctly determined that the $2,500 Kent withdrew from a trust account should be charged against his interest in the marital estate. Finally, finds Sue does not prevail on her claims that she was charged twice for tax preparation fees and was entitled to a correction of the amount in the parties’ Bank of Lizton checking account, and the trial court erred in ordering Kent to make a $59,521 equalization payment to Sue. Remands for further proceedings so that the trial court may issue an amended dissolution decree that reflects an equal division of the marital estate between the parties.

Randy Pitts v. State of Indiana (mem. dec.)
22A-PC-1815
Post-conviction. Affirms the denial of Randy Pitts’ petition for post-conviction relief. Finds relevant authority clearly indicates that issues not raised in a PCR petition may not be raised for the first time in a petitioner’s appeal from the denial of his PCR petition.