Opinions April 17, 2023

Court of Appeals of Indiana
Marion Assets 2020, LLC v. Fiascone Family LP
22A-TP-1681
Verified petition for issuance of a tax deed. Affirms the Lake Superior Court’s conclusion that Marion Assets 2020 LLC provided Fiascone Family LP with constitutionally adequate notice in obtaining a tax deed. Reverses the trial court’s conclusion to set aside the tax deed on equitable grounds. Finds the trial court did not err when it found that Marion Assets provided Fiascone Family with constitutionally adequate notice, but did abuse its discretion when it set aside the tax deed on equitable grounds. Remands with instructions for the court to deny Fiascone Family’s motion to set aside the tax deed.

J.B. v. K.S. (mem. dec.)
22A-AD-2722, -2725
Adoption. Affirms stepfather K.S.’s adoption of stepchildren T.B. and J.L.B. Finds the Huntington Circuit Court’s determinations that father J.B.’s consent to the children’s adoption was not required and that adoption by K.S. was in the children’s best interests are not clearly erroneous as they are supported by evidence in the record.

Quincy E. Wade v. State of Indiana (mem. dec.)
22A-CR-1783
Criminal. Affirms Quincy E. Wade’s convictions of Level 5 felony burglary and Class B misdemeanor false informing, his adjudication as a habitual offender and his sentence to an aggregate of 12 years and 180 days in the Deaprtment of Correction. Finds the Allen Superior Court did not violate Wade’s right to a speedy trial, nor is his sentence inappropriate in light of the nature of the offenses and his character.

Danora A. Jackson v. State of Indiana (mem. dec.)
22A-CR-2333
Criminal. Affirms Danora Jackson’s sentence to two years executed for Level 6 felony possession of cocaine and Level 6 felony forgery, one year for each offense, served consecutively. Finds the Allen Superior Court did not abuse its sentencing discretion. Also finds Jackson’s sentence was not inappropriate.

Jason Allen Bartley v. State of Indiana (mem. dec.)
22A-CR-2827
Criminal. Affirms the revocation of Jason Allen Bartley’s probation and the order that he serve the remainder of his sentence in the Department of Correction. Finds the Jefferson Superior Court did not abuse its discretion.

Tama G. Butts v. State of Indiana (mem. dec.)
22A-CR-2200
Criminal. Affirms the revocation of Tama G. Butts’ community corrections placement and the order that he serve the remainder of his sentences in two cases at the Department of Correction. Finds the Madison Circuit Court did not abuse its discretion when it revoked Butts’ probation and ordered him to serve his previously suspended sentences in the Department of Correction.

John August Barnes, III v. State of Indiana (mem. dec.)
22A-CR-1547
Criminal. Affirms John August Barnes III’s conviction of Level 1 felony child molesting. Finds the St. Joseph Superior Court did not abuse its discretion in concluding that J.M.’s hearsay statements at the forensic interview were sufficiently reliable and therefore admissible under the Protected Persons Statute.

Matthew Lee Thomas v. State of Indiana (mem. dec.)
22A-CR-2086
Criminal. Affirms Matthew Thomas’ sentence of 32 years and 360 days of incarceration for two counts of Level 1 felony child molesting, Level 1 felony attempted child molesting, two counts of Level 4 felony child molesting, level 4 felony child exploitation, level 5 felony possession of child pornography, Level 6 felony performing sexual conduct in the presence of a minor, two counts of Level 6 felony operating a vehicle as a habitual traffic violator, Level 6 felony failure to appear, Class A misdemeanor marijuana possession and being a habitual offender. Finds Thomas’ sentence is neither inappropriately harsh nor inappropriately lenient. Judge Melissa May dissents with separate opinion.

Richard Wetmore v. State of Indiana (mem. dec.)
23A-CR-36
Criminal. Reverses Richard Wetmore’s sentence for two Level 3 felonies, two misdemeanors and being a habitual offender. Finds the Cass Superior Court may not legally suspend a portion of a habitual offender enhancement. Remands for resentencing.

M.H. v. State of Indiana (mem. dec.)
22A-JV-2500
Juvenile. Affirms M.H.’s placement in the Indiana Department of Correction following his juvenile-delinquency adjudication. Finds the juvenile court acted within its discretion by placing M.H. in the DOC. Also finds the Elkhart Circuit Court did not err in amending the dispositional order to reflect that M.H.’s placement in the DOC is indeterminate.

In re the Termination of Parent-Child Relationship of P.A. (Minor Child) and B.A. (Father) and T.M. (Mother) B.A. (Father) and T.M. (Mother) v. Indiana Department of Child Services (mem. dec.)
22A-JT-2563
Juvenile termination of parental rights. Affirms the termination of father B.A. and mother T.M.’s parental rights to their son, P.A. Finds the parents failed to show that the Madison Circuit Court considered any inadmissible hearsay. Also finds the trial court did not err when it concluded there is a reasonable probability that the conditions leading to P.A.’s removal will not be remedied.