Opinions April 28, 2023

Court of Appeals of Indiana
Matthew G. Cranfill, as Personal Representative of the Estate of Josephine F. Cranfill, Deceased v. State of Indiana Department of Transportation
22A-CT-2062
Civil tort. Affirms the Putnam Circuit Court’s grant of summary judgment in favor of the Indiana Department of Transportation. Finds the department’s failure to lower the speed limit on State Rode 267 involved the “adoption and enforcement of or failure to adopt or enforce” a rule and/or regulation, so under the Indiana Tort Claims Act, the department is immune from liability from Cranfill’s claims.

Bryan C. Falletti v. State of Indiana
22A-IF-1066
Infraction. Affirms the Warren Circuit Court’s ruling that found Bryan C. Falletti was in violation of Indiana Code§ 36-8-12-11(c). Finds the statute prohibits the blue lights displayed by Falletti.

C.M. v. J.M.
22A-PO-1743
Protective order. Affirms the Howard Circuit Court’s order dismissing an ex parte order of protection that was previously issued by the White Circuit Court against father J.M. Finds mother C.M. waived any claim that the magistrate judge did not have jurisdiction over the order of protection hearing. Also finds C.M. has not shown error, let alone reversible error, related to the written order. Finally, finds C.M.’s argument that that the magistrate judge did not have jurisdiction over custody and parenting time issues was without merit.

Peggy Sue Higginson v. State of Indiana
22A-CR-2634
Criminal. Affirms Peggy Sue Higginson’s 30-year sentence for her conviction of Level 2 felony manslaughter. Finds the Posey Circuit Court did not abuse its discretion in sentencing Higginson. Also finds the sentence is not inappropriate in light of the nature of Higginson’s offenses and her character.

Michael Charles Thomas Gaunt v. State of Indiana
22A-CR-1632
Criminal. Affirms Michael Charles Thomas Gaunt’s convictions for aggravated battery, a Level 1 felony, and neglect of a dependent, a Level 1 felony. Reverses the credit time calculation. Finds the Indiana Supreme Court supplanted the common-law double jeopardy rules in Wadle. Also finds the Marion Superior Court erred in calculating Gaunt’s credit time. Remands with instructions for the trial court to correct Gaunt’s credit time.

Durell Crain v. State of Indiana (mem. dec.)
22A-PC-933
Post-conviction relief. Affirms denial of Durell Crain’s petition for post-conviction relief. Finds that Crain did not demonstrate that his counsel’s performance was deficient, that he was prejudiced or that the alleged errors together require reversal.

James Andrew Fair, Jr. v. State of Indiana (mem. dec.)
22A-CR-1589
Criminal. Affirms James Andrew Fair’s 32-year sentence. Finds Fair has not met his burden of showing that his aggregate sentence is inappropriate in light of the nature of his offenses and his character.

Crystal Lynn Cox v. State of Indiana (mem. dec.)
22A-CR-1728
Criminal. Affirms Crystal Lynn Cox’s conviction of murder. Finds the evidence of Cox’s participation in the crime was sufficient.

William Q. Lambert v. Lisa Lambert (mem. dec.)
22A-DR-1880
Domestic relations. Reverses and remands the order modifying father William Lambert’s child support. Finds the Johnson Superior Court erred in calculating Williams’ parenting time credit and erred by awarding mother Lisa Lambert the right to claim all three children as tax dependents. Remands with instructions.

Tailar Spells v. State of Indiana (mem. dec.)
22A-CR-1889
Criminal. Affirms the imposition of costs, fines and fees in the amount of $305 on Tailar Spells. Finds that neither the assessment of the costs, fines and fees nor the use of the bond amount to satisfy those amounts constitute error. Also finds the remaining issue is moot.

Courtney M. Moss v. State of Indiana (mem. dec.)
22A-CR-2002
Criminal. Affirms Courtney M. Moss’ murder conviction. Finds Lake Superior Court did not err in refusing to instruct the jury on aggravated battery. Also finds state presented ample evidence to support the murder conviction. Finally, finds the trial court did not abuse its discretion by admitting into evidence a photograph of Moss at the time of his arrest sitting handcuffed in the backseat of a police cruiser.

Alicia A. Bustle v. State of Indiana (mem. dec.)
22A-CR-2049
Criminal. Affirms Alicia A. Bustle’s 55-year sentence for murder. Finds Bustle’s sentence is not inappropriate.

In the Matter of: C.S. and A.S. (Minor Children) and Ch.S. (Father) v. Indiana Department of Child Services (mem. dec.)
22A-JC-2164
Juvenile CHINS. Affirms the adjudication of minor children C.S. and A.S. as children in need of services. Finds the evidence most favorable to the Madison Circuit Court’s judgment supports the court’s conclusion that the children’s needs are unmet and that those needs are unlikely to be met without state coercion. Also finds the trial court did not clearly err when it adjudicated the children to be CHINS.

In the Involuntary Termination of the Parent-Child Relationship of: D.M. (Minor Child), K.M. (Mother) v. Indiana Department of Child Services (mem. dec.)
22A-JT-2419
Juvenile termination of parental rights. Affirms the involuntary termination of mother K.M.’s parental rights to D.M. Finds the Howard Circuit Court did not clearly err.

Virgus Browning v. State of Indiana (mem. dec.)
22A-CR-2543
Criminal. Affirms Virgus Browning’s sentence to an aggregate of 1,280 days for Level 5 felony robbery and Level 6 felony theft.  Finds Browning’s sentence is not inappropriate given the nature of his offenses and his character.

Jordan Lancaster v. State of Indiana (mem. dec.)
22A-CR-2614
Criminal. Affirms Jordan Lancaster’s convictions of three counts of armed robbery as Level 3 felonies. Finds the Marion Superior Court did not abuse its discretion when it admitted evidence found when Lancaster was stopped in his vehicle on July 20, 2019, as that evidence did not relate to wrongful conduct within the meaning of Rule of Evidence 404(b). Also finds that even if the challenged evidence had been of wrongful conduct, it would have been admissible as intrinsic to the crimes charged, and its high probative value to show identity outweighed any potential prejudice to Lancaster.

Vera R. Morgan v. State of Indiana (mem. dec.)
22A-CR-2668
Criminal. Affirms Vera R. Morgan’s conviction for Level 1 felony dealing in a controlled substance resulting in death. Finds the Delaware Circuit Court properly admitted challenged text messages under the “plan” exception of Indiana Evidence Rule 404(b).

Clifton L. Gamble v. State of Indiana (mem. dec.)
22A-CR-2684
Criminal. Affirms the revocation of Clifton L. Gamble’s probation. Finds the DeKalb Circuit Court did not violate Gamble’s due process rights.

Walter Thomas Orndorff v. State of Indiana (mem. dec.)
22A-CR-2696
Criminal. Affirms Walter Orndorff’s conviction of Level 6 felony intimidation. Finds the circumstantial evidence was sufficient to prove that Orndorff communicated a threat to L.C. and that the communications were likely to actually cause a fear of kidnapping in a reasonable 11 year old similarly situated to L.C.

Dale D. Perkins, Jr. v. State of Indiana (mem. dec.)
22A-CR-2840
Criminal. Affirms the revocation of Dale D. Perkins Jr.’s probation. Finds the Decatur Superior Court did not abuse its discretion in revoking Perkins’ probation and ordering that he serve two years of his previously suspended sentence under Cause No. 1048 and eight years of his previously suspended sentence under Cause No. 1133.

Suzett Moffitt v. State of Indiana (mem. dec.)
22A-CR-2950
Criminal. Reverses and remands the revocation of Suzett Moffit’s probation. Finds the Marion Superior Court’s acceptance of Moffitt’s admission where there was a failure to properly advise her constitutes fundamental error. Remands to conduct an evidentiary hearing or provide a full advisement of rights prior to acceptance of an admission.

In re the Termination of the Parent-Child Relationship of J.J., M.J., and J.B. (Minor Children) and J.J. Jr., (Father), J.J. Jr. (Father) v. Indiana Department of Child Services (mem. dec.)
22A-JT-2988
Juvenile termination of parental rights. Affirms the termination of father J.J. Jr.’s parental rights. Finds J.J. Jr. has waived his argument, and he does not argue that the Department of Child Services failed to make a diligent effort to locate him before resorting to service by publication.

Belinda A. Jones v. State of Indiana (mem. dec.)
22A-CR-3005
Criminal. Affirms Belinda Jones’ convictions of Level 5 felony intimidation and Class B misdemeanor disorderly conduct. Finds the state presented sufficient evidence.