Opinions July 17, 2023

Monday opinions

Court of Appeals of Indiana

Billy Gene Luke v. State of Indiana
23A-CR-50
Criminal. Affirms the Dearborn Circuit Court’s order prohibiting Billy Luke from proceeding pro se. Finds the trial court’s conclusion is supported by the record.

Darius Jordan Birk v. State of Indiana
22A-CR-1133
Criminal. Affirms Darius Birk’s conviction of Level 3 aggravated battery causing serious permanent disfigurement, Level 6 pointing a firearm at another, Class A carrying a handgun without a license and Level 1 attempted murder. Finds any error on the Johnson Superior Court’s part regarding exclusion of evidence of racial bias was harmless. Also finds the trial court did not abuse its discretion in giving a challenged jury instruction and refusing Birk’s proposed instruction.

Beech Settlement, Inc., Kelly Barksdale, Teresa Boyd, Whitney Jones, and Cynthia Jefferies Long v. Indiana Annual Conference-African Methodist Episcopal Church, Inc. (mem. dec.)
22A-CT-1536
Civil tort. Affirms the Rush Circuit Court’s grant of summary judgment to the Indiana Annual Conference-African Methodist Episcopal Church on the appellants’ quiet title claim. Finds a 2001 judgment is not void due to lack of subject matter jurisdiction. Reverses summary judgment on the appellants’ adverse possession claim as to the individual appellants, but not Beech Settlement. Finds genuine issues of material fact. Remands for further proceedings.

Joseph A. Loy v. State of Indiana (mem. dec.)
23A-CR-237
Criminal. Reverses the Noble Circuit Court’s order that Joseph Loy pay a $100 public-defender fee. Finds the trial court did not explicitly find Loy can pay the fee.

Derek Aguilar v. State of Indiana (mem. dec.)
22A-CR-1977
Criminal. Affirms the Wells Circuit Court’s summary disposition order. Finds the trial court correctly granted the state’s motion for summary disposition, directing Aguilar to continue the pursuit of his challenge in the proper venue in which he could seek help from the State Public Defender’s Office.

Lawrence E. Kellogg v. Mary C. Reynard (mem. dec.)
22A-DN-2776
Domestic relations without children. Affirms the Jay Circuit Court’s award of attorney fees to Mary Reynard. Finds the record contains evidence that the attorney fees were incurred as a result of the additional litigation following Kellogg’s failed appeal.

Connie Cocksedge v. Graham R. Cocksedge (mem. dec.)
22A-DN-1749
Domestic relations without children. Affirms the denial of Graham’s request for maintenance. Finds the trial court did not abuse its discretion. Affirms, with one exception, the distribution of the marital estate. Finds the trial court supported its decision to deviate from the statutory presumption. Remands to the Perry Circuit Court to modify the amended decree by dividing equally between the parties a portion of Graham’s settlement award. Also remands to grant Connie’s request that her name be changed.

In the Matter of the Termination of the Parent-Child Relationship of A.L. (Minor Child); B.P. (Father) and B.L. (Mother) v. Indiana Department of Child Services (mem. dec.)
22A-JT-2795
Juvenile termination of parental rights. Affirms the Dearborn Circuit Court’s termination of B.L. and B.P.’s parental rights. Finds the trial court did not clearly err by finding the conditions that resulted in the child’s removal or continued placement outside of the parents’ home were unlikely to be remedied. Also finds the facts support the trial court’s conclusion that terminating the parents’ rights was in the child’s best interests.

In Re: The Termination of the Parent-Child Relationship of P.S. (Minor Child); V.S. (Mother) v. The Indiana Department of Child Services (mem. dec.)
22A-JT-2956
Juvenile termination of parental rights. Affirms the termination of V.S.’s parent-child relationship with P.S. Finds the testimony of service providers and other evidence support the Gibson Circuit Court’s conclusion that termination was in P.S.’s best interests.