Opinions Feb. 28, 2020

Indiana Court of Appeals
Flavia Rasheed v. Rocky Rasheed
19A-DC-1722
Domestic relation with children. Reverses the Marion Superior Court’s award of joint legal custody between Flavia and Rocky Rasheed. Finds the trial court erred. Remands for an entry of a modified decree of dissolution providing that Mother have sole legal custody.

Ashfaq Hussain and Azra Hussain v. Salin Bank & Trust Company and Indiana Department of Revenue
19A-MF-1786
Mortgage foreclosure. Affirms the Hamilton Superior Court’s grant of summary judgment in favor of Salin Bank and Trust Company against Ashfaq and Azra Hussain and upholds the award of damages. Finds the trial court correctly determined that the designated evidence established that Salin did not initially breach the terms of the note as a matter of law. Also finds Salin was not precluded from foreclosing on the property. Finally, finds the trial court did not abuse its discretion in the admission of evidence.

State of Indiana v. Cliffton W. Davis
19A-CR-1650
Criminal. Affirms the Kosciusko Circuit Court’s grant of Cliffton Davis’ motion to suppress incriminating evidence found in his vehicle during a traffic stop. Finds the state has not met its burden to show that the trial court’s grant of Davis’s motion to suppress evidence was contrary to law.

Robert Wayne Moore v. State of Indiana
19A-CR-1125
Criminal. Affirms Robert Moore’s conviction of Level 6 felony obstruction of justice. Finds the Marion Superior Court did not abuse its discretion and that Moore’s conviction should not be vacated.

In the Matter of S.S., N.S., and M.S., (Minor Children), Children in Need of Services, and V.S. (Mother) v. The Indiana Department of Child Services (mem. dec.)
19A-JC-2107
Juvenile CHINS. Affirms the Monroe Circuit Court’s order adjudicating mother V.S.’s three minor children, S.S., N.S. and M.S., as children in need of services. Finds the CHINS finding is not clearly erroneous. Also finds the trial court did not abuse its discretion in ordering V.S. to participate in a psychological evaluation.

In re the Termination of the Parent-Child Relationship of: M.A. and D.H. (Minor Children) and J.A. (Mother) v. The Indiana Department of Child Services (mem. dec.)
19A-JT-1744
Juvenile termination of parental rights. Affirms the termination of mother J.A.’s parental rights to her two minor children, M.A. and D.H. Finds the Montgomery’s Superior Court’s conclusion that there is a reasonable probability that the conditions resulting in the children’s removal and continued placement outside J.A.’s care will not be remedied is supported by the evidence and not clearly erroneous.

Richard Anderson v. State of Indiana (mem. dec.)
19A-CR-2269
Criminal. Affirms Richard Anderson’s 2 ½-year sentence for his conviction of Level 6 felony forgery. Finds Anderson’s sentence is not inappropriate. Also finds Anderson failed to establish that the Allen Superior Court abused its discretion.

Franklin Powell v. State of Indiana (mem. dec.)
19A-CR-1913
Criminal. Affirms Franklin Powell’s two-year sentence for Level 6 felony theft with a prior conviction. Finds Powell failed to demonstrate that his sentence was inappropriate in light of the nature of his offense and his character. Also finds the LaPorte Circuit Court was not obliged to accept Powell’s proffered mitigators and did not abuse its discretion when it sentenced Powell.

In re the Termination of the Parent-Child Relationship of: A.M. (Minor Child) and W.M. (Father) v. Indiana Department of Child Services (mem. dec.)
19A-JT-2035
Juvenile termination of parental rights. Affirms the termination of father W.M.’s parental rights to his child, A.M. Finds sufficient evidence supports the Morgan Circuit Court’s order terminating W.M.’s parental rights.

Otis Charles Mitchell v. State of Indiana (mem. dec.)
19A-CR-1973
Criminal. Affirms the revocation of Otis Mitchell’s placement on work release. Finds Mitchell is mistaken in his understanding of why the Madison Circuit Court rejected his claim of self-defense.

Debra J. Heath v. Jeffrey L. Heath (mem. dec.)
19A-DR-2046
Domestic relation. Declines Debra Heath’s request for appellate review of the merits underlying a judgment that was entered by the Jasper Superior Court more than two years ago concerning the refinancing of her home following her dissolution of marriage. Finds Debra failed to file a timely appeal of the June 2017 order and has thus forfeited her right to appeal that order and the issues finally decided therein.

Khidhr Hardister v. State of Indiana (mem. dec.)
19A-CR-2146
Criminal. Affirms the revocation of Khidhr Hardister’s community corrections placement and the Marion Superior Court’s order that he serve the remainder of his sentence in the Department of Correction. Finds the trial court did not abuse its discretion in determining that Hardister was “no longer a good candidate” for community corrections and ordering him to serve the remainder of his sentence in the DOC.

M&S Steel Corp. v. Wendell H. Kemplen (mem. dec.)
19A-PL-1663
Civil plenary. Affirms the Allen Superior Court’s denial of M&S Steel Corp.’s motion to correct error following a jury trial in which the jury found in favor of Wendell Kemplen. Finds any error resulting from the improper impeachment of Walter Fuller was not prejudicial. Also finds the trial court did not abuse its discretion in denying M&S Steel’s motion.

Jordan M. Hunt v. State of Indiana (mem. dec.)
19A-CR-1998
Criminal. Affirms Jordan Hunt’s conviction of Level 6 felony domestic violence animal cruelty. Finds the evidence is sufficitient to prove Hunt knowingly or intentionally shot and killed his ex-girlfriend’s dogs before attempting to burn them in a brush fire. Also Finds the jury could reasonably infer that Hunt acted with the intent to terrorize her.

A.W. v. State of Indiana (mem. dec.)
19A-JV-1793
Juvenile. Affirms A.W.’s adjudication as a delinquent for an act that would constitute Level 6 felony escape if committed by an adult. Finds the Marion Superior Court did not abuse its discretion in admitting evidence of a community adjustment supervisor’s investigative activities. Finds sufficient evidence to support the adjudication.