Opinions Oct. 22, 2019

Indiana Court of Appeals
Andrew Patrick v. Painted Hills Association, Inc.
19A-SC-936
Small claims. Affirms Morgan Superior Court rulings in favor of Painted Hills Association, Inc., seeking to enforce restrictive covenants and collect unpaid dues for 2017 and 2018 against Andrew Patrick, who obtained tax deeds to three unimproved properties in the neighborhood. Holds statutes are unambiguous and the restrictive covenants survive the tax sale. The court did not err in ruling for the association or denying Patrick’s motion to correct error.

Jessie L. Watson v. State of Indiana
18A-CR-02984
Criminal. Affirms Jesse Watson’s conviction of Level 4 felony counts of child molesting and incest, finding that the exclusion of evidence in Allen Superior Court regarding internet searches was not erroneous. The admission of testimony from experts who examined the victim was not improper vouching.

Jason R. Cozmanoff v. State of Indiana
19A-CR-1426
Criminal. Affirms the Lake Superior Court’s denial of specialized driving privileges for Jason R. Cozmanoff. Finds the denial of driving privileges following Cozmanoff’s conviction of reckless homicide while driving, gives effect to the Legislature’s intent, and that under the controlling statute, Cozmanoff is ineligible for specialized driving privileges.

In re the Name Change of Catherine Clemmer, Dawson Clemmer (formerly Catherine Clemmer) (mem. dec.)
19A-MI-1221
Miscellaneous. Affirms the Hancock Superior Court’s grant of a name change for transgender man Dawson Clemmer, formerly Catherine Clemmer, but reverses the trial court’s denial of his petition for a gender marker change. Finds the petition was made in good faith and the trial court erred by denying the petition because of formatting errors on a proposed order. Remands with instructions for the trial court to grant the gender-marker change within 30 days of certification of the COA order.

S.M. v. A.A. (mem. dec.)
19A-DR-959
Domestic relation. Reverses a Carroll Superior Court order terminating mother O.A.’s parenting time with child because she is a flight risk. Finds the order is contrary to law because it lacks a sufficient factual basis. Remands for further proceedings, including mother’s entitlement to makeup time and modification of the support order to reflect an appropriate parenting time credit.

Jeremy E. Grimes v. State of Indiana (mem. dec.)
19A-CR-653
Criminal. Affirms Jeremy Grimes’ placement in the Indiana Department of Correction to serve his 10-year sentence for conviction of Level 2 felony dealing in cocaine. The placement ordered by Hendricks Superior Court was not inappropriate based on the nature of the offense or Grimes’ character.

David C. Hunt v. State of Indiana (mem. dec.)
18A-CR-3102
Criminal. Affirms David Hunt’s conviction of Level 5 felony escape. Finds the evidence presented in Elkhart Superior Court was sufficient to support his conviction.

Tachanavian Miles v. State of Indiana (mem. dec.)
18A-CR-2813
Criminal. Affirms the Madison Circuit Court finding that Tachanavian Miles violated her probation. Concludes the court did not err by admitting a detective’s testimony at Miles’ probation revocation hearing.

Vance Voorhis v. Danielle Voorhis (mem. dec.)
18A-DR-1778
Domestic relation. Affirms in part, reverses in part and remands the Tipton Circuit Court decree dissolving the marriage of Vance and Danielle Voorhis. Finds the trial court did not abuse its discretion or commit clear error when valuing and distributing the marital property of the parties and awarding Wife attorney fees and valuation expenses, except that the trial court erred when it (1) counted the $29,250.00 in fire insurance proceeds as an asset attributable to Husband, (2) failed to include in the marital pot the debt associated with a vehicle, and (3) failed to include in the marital pot the value of the engagement ring that Husband purchased for Wife. Reverses to that extent and remands for the trial court to correct these errors and adjust its split of the marital property accordingly.