Opinions Oct. 31, 2018

Indiana Court of Appeals
Laperria Marie Brooks v. State of Indiana
18A-CR-759
Criminal. Reverses Laperria Marie Brooks’ conviction of Class A misdemeanor resisting law enforcement after a Marion Superior Court bench trial. Remands for the conviction to be vacated because the evidence to support it is insufficient. Brooks, who was also convicted of Class A misdemeanor trespass and Class B misdemeanor disorderly conduct, appealed only the resisting conviction.

Brett Carney v. Fernando Patino, Jr.
46A03-1712-CT-2855
Civil tort. Affirms the LaPorte Circuit Court did not err in denying Brett Carney’s pretrial motion for summary judgment on grounds that his statements to police were protected by the doctrine of qualified privilege and in denying his subsequent motion for judgment on the evidence. Also finds the jury verdict is not excessive.

In re: The Adoption of L.G.K.; J.K. v. G.C.
18A-AD-371
Adoption. Affirms the grant of G.C.’s motion to set aside the adoption of his putative minor child L.G.K. by J.K., her maternal grandfather. Finds that because J.K. presented an adoption petition to the Lawrence Circuit Court in which the child’s mother, E.K., fraudulently claimed she did not know the identity of the child’s father, the trial court did not err in granting G.C.’s motion for relief from judgment and setting aside the adoption.

Devon R. Granger v. State of Indiana
18A-CR-1494
Criminal. Reverses Devon Granger’s conviction of possession of paraphernalia as a Class C misdemeanor. Finds the state introduced no evidence that a grinder could be used to introduce marijuana into Granger’s body. Also rejects the state’s argument that Granger’s conviction should be affirmed because the variance between the charging information and the proof presented at trial was not fatal.

Damien D. Murphy v. State of Indiana
79A05-1709-CR-2319
Criminal. On interlocutory appeal, affirms one and reverses another petition to revoke Damien D. Murphy’s probation, holding only one of the petitions was timely. Remands for revocation proceedings on the first petition.

Brittanie R. Corbin v. State of Indiana
18A-CR-12
Criminal. Affirms Brittanie Corbin’s conviction for operating a vehicle with an alcohol concentration equivalent of 0.15 or more, a Class A misdemeanor. Finds the Montgomery Superior Court did not abuse its discretion by admitting statements Corbin made to the deputies before her arrest and by admitting the results of her chemical breath test. Rules there was sufficient evidence beyond a reasonable to show Corbin operated the vehicle and that she had given the chemical breath test within three hours of when she operated her vehicle.

Marcel Cornilus Lane v. State of Indiana (mem. dec.)
18A-CR-1283
Criminal. Affirms Marcel Cornilus Lane’s aggregate five-year sentence for his convictions of two counts of Level 6 felony nonsupport of a dependent child. Finds Lane has failed to show his sentence is inappropriate.

Weidner and Company, P.C. v. Jurgonski & Fredlake CPAs, P.C., Greg Jurgonski, and John Fredlake (mem. dec.)
18A-MI-535
Miscellaneous. Affirms the declaratory judgment that Weidner and Company, P.C. did not fire Jurgonski & Fredlake CPAs, P.C., Greg Jurgonski and John Fredlake for cause, and the denial of Weidner’s Trial Rule 60(B)(2) motion to set aside the declaratory judgment. Finds the St. Joseph Superior Court found Jurgonski and Fredlake’s evidence more credible than Weidner’s on the issue of whether inaccurate work or other errors had a “meaningful effect on the ability” of Weidner to serve its client. Also finds Weidner has not demonstrated that the trial court abused its discretion when it denied Weidner’s Trial Rule 60(B)(2) motion.

In re the Termination of the Parent-Child Relationship of: D.U.H. and E.U. (Minor Children) and P.U.R. (Father) v. The Indiana Department of Child Services and Child Advocates, Inc. (mem. dec.)
18A-JT-1348
Juvenile termination of parental rights. Affirms the termination of P.U.R.’s parental rights to D.U.H. and E.H. Finds the termination order is not clearly erroneous. Also finds P.U.R. was not denied a fair hearing.

Nicholas J. Schlueter v. State of Indiana (mem. dec.)
18A-CR-1259
Criminal. Affirms Nicholas Schlueter’s 13-year sentence for his conviction of Level 3 felony dealing in methamphetamine. Finds Schlueter has not met his burden to demonstrate that his sentence is inappropriate.

K.S. v. State of Indiana (mem. dec.)
18A-JV-1304
Juvenile. Affirms the change in K.S.’s placement to the Department of Correction after being adjudicated a delinquent child and subsequently committing batteries on family members while on probation. Finds the Jennings Circuit Court did not abuse its discretion.

Terry A. Hodge v. State of Indiana (mem. dec.)
18A-CR-1449
Criminal. Affirms the denial of Terry Hodge’s motion to correct erroneous sentence. Finds the Lake Superior Court did not abuse its discretion because Hodge’s sentence was not facially erroneous.

In the Matter of The Termination of Parent-Child Relationship of: D.G. (Minor Child) and K.A. (Mother) v. The Indiana Department of Child Services (mem. dec.)
18A-JT-1058
Juvenile termination of parental rights. Affirms the termination of K.A.’s parental rights to D.G. Finds the juvenile court’s judgment was not clearly erroneous. Also finds K.A. knowingly and voluntarily waived her right to counsel. Judge John Baker concurs with separate opinion.  

Isaac J. Lukes v. State of Indiana (mem. dec.)
18A-CR-887
Criminal. Affirms Isaac J. Lukes’ aggregate 27-year sentence, with five years suspended, for his convictions of four counts of armed robbery while armed with a deadly weapon and seven counts of criminal confinement while armed with a deadline weapon, all as Level 3 felonies. Finds Lukes has failed to establish his sentence is inappropriate in light of the nature of the offense and his character.

In the Matter of the Termination of the Parent-Child Relationship of T.W., Father, and L.J. and A.W., Minor Children: T.W. v. Indiana Department of Child Services (mem. dec.)
18A-JT-623
Juvenile termination of parental rights. Affirms the termination of T.W.’s parental rights to his minor children, L.J. and A.W. Finds the juvenile court’s findings that there is a reasonable probability that T.W. will not remedy the conditions resulting in the children’s removal and that termination of his parental rights is in the children’s best interests were not clearly erroneous.

Armando P. Castillo v. State of Indiana (mem. dec.)
18A-CR-1571
Criminal. Affirms Armando P. Castillo’s conviction Level 4 felony sexual misconduct with a minor. Finds the Delaware Circuit Court did not abuse its discretion when it admitted officer Kristofer Swanson’s testimony, and even if it were error to do so, it was harmless. Also finds the state presented sufficient evidence to support Castillo’s conviction.

In the Matter of E.P. & G.P. (Minor Children), Children in Need of Services, and J.P. (Father) v. Indiana Department of Child Services (mem. dec.)
18A-JC-1344
Juvenile CHINS. Affirms the determination that J.P.’s minor children E.P. and G.P. are children in need of services. Finds the evidence is sufficient to support the Lake Superior Court’s decision, which was not clearly erroneous.