Opinions Oct. 10, 2018

Indiana Court of Appeals
In the Matter of: T.T. and M.M., Children in Need of Services: C.Y. (Mother) v. The Indiana Department of Child Services
18A-JC-1216
Juvenile CHINS. Reverses the Tippecanoe Superior Court’s denial of C.Y.’s motion to dismiss CHINS petitions filed by the Indiana Department of Child Services in regard to her two children, T.T. and M.M. Finds the fact-finding hearing was not completed within 120 days of the filing of the CHINS petitions. Notes that Indiana Code section 31-34-11-1 creates “a hard and fast deadline” for filing completion. Remands with instructions to dismiss the CHINS petitions without prejudice.

Bryan Stone v. State of Indiana
34A02-1710-CR-2514
Criminal. Affirms in part, reverses in part, and remands to the Howard Superior Court Bryan Stone’s conviction of two counts of Class D felony dealing in a synthetic drug or lookalike substance. Affirms conviction on one count, but finds the second conviction in violation of protections against double jeopardy. Finds evidence obtained from the search of Stone’s backpack is admissible. Remands to vacate one of his convictions.

Tervarus L. Gary v. State of Indiana
18A-CR-1101
Criminal. Affirms Tervarus Gary’s 2-year sentence for conviction of Class D felony nonsupport of a dependent child. Finds the Elkhart Superior Court did not commit fundamental error in allowing Gary to appear for his sentencing hearing via video conference without first obtaining a written waiver of his right to be present. Also finds Gary’s sentence is not inappropriate in light of the nature of the offense and his character. Judge Pyle dissents with a separate opinion.

Progressive Southeastern Insurance Co. v. Gregory Smith, et al.
18A-PL-312
Civil Plenary. Reverses Marion Superior Court’s grant of summary judgment in favor of Gregory Smith and others on Progressive’s complaint for declaratory judgment requesting a determination that, according to the terms of its insurance policy with Smith, he was not entitled to coverage under the policy’s uninsured-motorist provisions for injuries sustained during an accident while being a passenger in his vehicle. The trial court erred by concluding that Smith is entitled to receive payment from Progressive for his bodily injury under his insurance policy’s UM coverage.

Brian Franklin v. State of Indiana (mem. dec.)
18A-CR-966
Criminal. Affirms Brian Franklin’s conviction of Level 4 felony unlawful possession of a firearm by a serious violent felon. Finds there is sufficient evidence to support the conviction.
 
Jonathan M. Fuchs v. State of Indiana (mem. dec.)
18A-CR-271
Criminal. Affirms Jonathan Fuchs’ aggregate 42-year sentence for conviction of one count of Level 1 felony child molesting and one count of Level 4 felony child molesting. Finds there is sufficient evidence to support the conviction. Concludes Fuchs’ sentence is not inappropriate in light of the nature of the offenses and his character.

Edward Duke Brown v. The City of Indianapolis and The Town of Speedway (mem. dec.)
18A-CT-715
Civil tort. Affirms the Marion Superior Court’s entry of summary judgment in favor of the City of Indianapolis and the Town of Speedway. Also affirms the denial of Edward Brown’s motion to correct error. Finds Brown’s contributory negligence supports the entry of summary judgment in favor of Indianapolis and Speedway.

Terrell Roberts v. State of Indiana (mem. dec.)
18A-CR-1249
Criminal. Affirms the Clark Circuit Court’s revocation of Terrell Roberts’ probation and order to serve his previously suspended sentence. Finds the trial court did not abuse its discretion in ordering Roberts to serve his previously suspended sentence.

Jimmy D. Edwards v. State of Indiana (mem. dec.)
18A-CR-789
Criminal. Affirms Jimmy Edwards’ conviction of Level 6 felony sexual battery; Level 6 felony battery on a person less than 14 years old; Class A misdemeanor interference with reporting of a crime; and Class A misdemeanor theft. Finds there is sufficient evidence to support the conviction.

In the Matter of the Termination of the Parent-Child Relationship of: G.L. (Minor Child) and C.L. (Mother) v. The Indiana Department of Child Services (mem. dec.)
18A-JT-977
Juvenile termination. Affirms the termination of C.L.’s parental rights to her minor child G.L. Finds the termination was supported by clear and convincing evidence and was not clearly erroneous.

Joseph Miller v. State of Indiana (mem. dec.)
18A-CR-232
Criminal. Affirms the Marion Superior Court’s denial of Joseph Miller’s collateral challenge to his sentence by filing an Indiana Trial Rule 60(B) motion for relief from judgment. Finds the trial court did not demonstrate bias against Miller in its denial.
 
In the Matter of the Civil Commitment of A.L. v. St. Vincent Hospital and Health Care Center, Inc., St. Vincent Stress Center (mem. dec.)
18A-MH-1147
Mental health. Affirms the Marion Superior Court’s order temporarily involuntarily committing A.L. Finds A.L. waived appellate review when she failed to timely object to the commissioner’s order.

In re: the Termination of the Parent-Child Relationship of C.S.; T.S. (Father) v. Indiana Department of Child Services (mem. dec.)
18A-JT-1113
Juvenile termination of parental rights. Affirms the Wabash Circuit Court’s termination of father T.S.’s parental rights to C.S., finding the evidence is sufficient to support the termination.

John Clark, Sr. v. State of Indiana (mem. dec.)
18A-CR-1043
Criminal. Affirms the St. Joseph Circuit Court’s sentence of six years with one year executed to community corrections and the balance suspended to probation for John Clark’s conviction of Class C felony nonsupport of a dependent. The sentence is not inappropriately harsh.

In the Matter of The Termination of the Parent-Child Relationship of: C.S. (Minor Child) and B.S. (Mother) v. Indiana Department of Child Services (mem. dec.)
18A-JT-1062
Juvenile termination of parental rights. Affirms the Wabash Circuit Court’s termination of mother B.S.’s parental rights to C.S., finding the evidence is sufficient to support the termination.
 
Jesse Carter, IV v. State of Indiana (mem. dec.)
18A-CR-899
Criminal. Affirms the aggregate 12-year sentence the Lake Superior Court imposed on Jesse Carter IV after he pleaded guilty to two counts of Level 4 felony burglary. The sentence is not inappropriate.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of K.C., J.C., and K.H. (Minor Children), and S.C. (Mother) v. The Indiana Department of Child Services (mem. dec.)
18A-JT-781
Juvenile termination of parental rights. Affirms the Marion Superior Court’s termination of mother S.C.’s parental rights to minor children K.C., J.C. and K.H., finding the evidence sufficient to support the termination.

In the Termination of the Parent-Child Relationship of: R.M. and A.S. (Minor Children) and R.J.M. (Father) v. The Indiana Department of Child Services (mem. dec.)
18A-JT-1096
Juvenile termination of parental rights. Affirms the judgment of Monroe Circuit Court terminating father R.J.M’s parental rights to minor children R.M. and A.S. Finds father has waived the issue of whether the juvenile court erred by admitting certain evidence, and the termination order is not clearly erroneous.

Ralph J. Johnson v. State of Indiana (mem. dec.)
18A-CR-1279
Criminal. Affirms the Vigo Superior Court’s revocation of Ralph Johnson’s probation, finding no due process violation.

Henry Robinson v. State of Indiana (mem. dec.)
18A-CR-100
Criminal. Affirms Henry Robinson’s conviction of Level 3 felony armed robbery, finding the Marion Superior Court did not commit fundamental error and there was sufficient evidence to support the conviction.

P.P. v. State of Indiana (mem. dec.)
18A-JV-867
Juvenile. Affirms the Clinton Circuit Court’s dispositional order placing P.P. in the Department of Correction, holding the order was not an abuse of discretion.

David Drummond v. State of Indiana (mem. dec.)
17A-PC-3041
Post-conviction. Affirms the Marion Superior Court’s denial of David Drummond’s petition for post-conviction relief, finding he has already been awarded the maximum amount of educational credit time permitted by statute.

In Re: the Termination of the Parent-Child Relationship of: Ka.A., Ke.A., T.A., and L.K.; D.A. (Father) v. Indiana Department of Child Services (mem. dec.)
18A-JT-860
Juvenile termination of parental rights. Affirms the Hamilton Circuit Court’s termination of father D.A.’s parental rights to minor children Ka.A., Ke.A., T.A., and L.K. The evidence is sufficient to support the termination.

Abraham Vargas v. State of Indiana (mem. dec.)
18A-CR-333
Criminal. Affirms Abraham Vargas’ conviction of Level 6 felony criminal recklessness and Class A misdemeanor carrying a handgun without a license. A Marion Superior Court jury reasonably inferred from the evidence that Vargas was guilty.