Opinions May 21, 2019

Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of: L.S. (Minor Child), and A.S. (Mother) v. The Indiana Department of Child Services
18A-JT-2881
Juvenile termination of parental rights. Affirms the termination of A.S.’s parent-child relationship with L.S. Finds the Union Circuit Court did not commit reversible error in the admission of evidence. Also finds the evidence was sufficient.

Latoya Torrence v. Courtney Gamble
18A-CT-2695
Civil tort. Affirms the jury verdict in favor of Courtney Gamble following a personal injury action arising out of a motor vehicle accident. Finds that although the Clark Circuit Court failed to properly instruct the jury, Latoya Torrence’s substantial rights were not adversely affected.

Sabrina Graham, et al. v. Town of Brownsburg
19A-PL-153
Civil plenary. Affirms the grant of summary judgment in favor of Brownsburg on Sabrina Graham and Kurt Disser’s complaint for declaratory and injunctive relief regarding Brownsburg’s 2018 water rate ordinance. Finds Graham and Disser were required to exhaust their administrative remedies before seeking access to the courts and failed to do so. Also finds the Hendricks Circuit Court did not err in granting summary judgment to Brownsburg.

Austin Howard Keever v. State of Indiana (mem. dec.)
18A-CR-2653
Criminal. Affirms Austin Keever’s conviction of Level 6 felony strangulation. Finds the evidence was sufficient to prove Keever committed the offense of strangulation.

In the Matter of A.W. (Child Alleged to be in Need of Services) and J.F. (Mother) and J.W. (Father); J.F. (Mother) and J.W. (Father) v. The Indiana Department of Child Services (mem. dec.)
18A-JC-2885
Juvenile CHINS. Affirms the dismissal of the Department of Child Services’ petition to declare A.W. a child in need of services and the release of A.W. into the care of mother J.F. Finds father J.W. has waived his arguments regarding the denial of his request to appear telephonically and his motion to continue for failure to make a cogent argument. Waiver notwithstanding, the Huntington Superior Court’s decision did not prejudice J.W. or violate his due process rights.

Terrence Paschall v. State of Indiana (mem. dec.)
18A-MI-2444
Miscellaneous. Affirms the denial of Terrence Paschall’s petition for declaratory judgment and preliminary injunction. Finds the Henry Circuit Court did not err.

Johnny Rice v. State of Indiana (mem. dec.)
18A-PC-2226
Post conviction. Affirms the denial of Johnny Rice’s petition for post-conviction relief. Finds the post-conviction court’s determination that Rice was not deprived of the effective assistance of trial or appellate counsel was not clearly erroneous.

James Asher v. State of Indiana (mem. dec.)
18A-CR-2825
Criminal. Remands James Asher’s appeal of his 180-day sentence, with 60 days suspended to probation, for his conviction of Class B misdemeanor battery. Finds that because Asher has already served his sentence, the issue is moot. Remands for correction of the portions of the record that erroneously reflect that Asher was convicted of a Class A misdemeanor instead of a Class B misdemeanor.
 
David Turner v. State of Indiana (mem. dec.)
18A-PC-1998
Post conviction. Affirms the denial of David Turner’s Post Conviction Rule 2 motion to file a belated notice of appeal. Finds Turner has failed to demonstrate he was not at fault for failing to timely file a notice of appeal and he was diligent in filing his motion for belated appeal. Also finds the Orange Circuit Court did not abuse its discretion by denying Turner’s motion to withdraw his guilty plea.

Bioconvergence, LLC and Alisa K. Wright, individually v. Kathryn S. Eddy (mem. dec.)
18A-PL-1351
Civil plenary. Affirms and reverses in part the entry of default judgment in favor of Kathryn S. Eddy and the dismissal with prejudice of BioConvergence, LLC and Alisa K. Wright’s counterclaim as discovery violation sanctions. Finds BioConvergence and Wright were not denied due process. Also finds the Marion Superior Court did not abuse its discretion in dismissing BioConvergence and Wright’s counterclaim, but did abuse its discretion in entering default judgment.

Randy N. McKinney v. State of Indiana (mem. dec.)
18A-CR-2573
Criminal. Affirms Randy McKinney’s convictions of one count of child molesting as a Level 1 felony and one count of child molesting as a Level 4 felony. Finds the Grant Superior Court did not commit fundamental error in the admission of evidence. Also finds there was sufficient evidence to support the convictions.

R.S. v. J.S.S. and K.S. (mem. dec.)
18A-AD-2812
Adoption. Affirms the grant of stepfather J.S.S.’s petition to adopt R.D.S. Finds J.S.S. presented sufficient evidence to support the Lake Superior Court’s findings, which support the trial court’s conclusions that father R.S.’s consent was not required for J.S.S.’s adoption of R.D.S. and that adoption was in R.D.S.’s best interest.

Ronald Kibbey v. Fall Creek Associates LLC, et al. (mem. dec.)
18A-PL-2223
Civil plenary. Dismisses Ronald Kibbey’s appeal of the judgment entered against him and in favor of Fall Creek Associates LLC. Finds Kibbey cannot represent LTC Investments LLC pro se. Also finds Kibbey did not timely file an appeal of the judgment against him personally.

Robert Faulds v. Jennifer (Faulds) Lampke (mem. dec.)
18A-DR-2489
Domestic relation. Reverses the order vacating a previous order requiring Jennifer Lampke to pay 50 percent of the college expenses for the daughter she shares with Robert Faulds. Finds the Madison Circuit Court used faulty reasoning when it found that it did not have jurisdiction to consider Faulds’ request for college expenses because he had never filed a written petition, so the original order was void. Also finds the original order should not have been voided. Remands with instructions.