Opinions July 22, 2020

Indiana Court of Appeals
Delaware County Regional Wastewater District v. Muncie Sanitary District, et al.
19A-EX-2964
Agency. Affirms the Indiana Utility Regulatory Commission’s approval of a Muncie city ordinance giving the Muncie Sanitary District an exclusive license to provide sewer service to customers in unincorporated areas within four miles of the city’s municipal corporate boundaries. Finds that under Indiana Code § 8-1.5-6, the IURC had the jurisdiction and authority to approve the ordinance, so its order was not contrary to law.

Jennifer Turkette v. State of Indiana
20A-CR-87
Criminal. Affirms Jennifer Turkette’s aggregate 10-year sentence with one year suspended for conviction of Level 4 felony dealing in a narcotic drug, Level 5 felony dealing in a narcotic drug, Level 6 felony possession of a narcotic drug, and Level 6 felony unlawful possession of a syringe. Finds Turkette has failed to carry her burden to show that her sentence imposed in Allen Superior Court is inappropriate. Judge L. Mark Bailey concurs with a separate opinion.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of N.J. (Minor Child), H.J. (Mother) v. Indiana Department of Child Services (mem. dec.)
20A-JT-25
Juvenile termination. Affirms the involuntary termination of H.J.’s parental rights to her child, N.J. Finds clear and convincing evidence supports the Wayne Superior Court’s judgment terminating the parental rights of Mother with respect to N.J.

Terrance M. Combs v. State of Indiana (mem. dec.)
20A-CR-213
Criminal. Affirms the revocation of Terrance Combs’ probation. Find sufficient evidence to support the revocation and that the Scott Circuit court did not abuse its discretion.

Jackson Lee McGinnis v. State of Indiana (mem. dec.)
19A-CR-2930
Criminal. Affirms the denial of Jackson McGinnis’ motion for a modification of sentence. Finds McGinnis has failed to demonstrate that the Scott Circuit court erred in denying his motion for modification of sentence.

In re the Matter of the Paternity of: C.A.S.R. (Minor Child), Tara Marie Seitz v. Christopher Adam Rhodaback (mem. dec.)
19A-JP-1527
Juvenile paternity. Affirms the Warrick Superior Court’s order modifying primary physical custody of Tara Seitz’s son to father Christopher Rhodaback. Finds the order was not clearly erroneous.

In re the Termination of the Parent-Child Relationship of: I.W. (Minor Child) and R.W.(Father); R.W. (Father) v. Indiana Department of Child Services (mem. dec.)
20A-JT-92
Juvenile termination. Affirms the termination of R.W.’s parental rights to his son, I.W. Finds the Marion Superior Court did not err when it concluded that there is a reasonable probability that the conditions resulting in child’s removal and continued placement outside father’s home will not be remedied.

Jacob Hart v. State of Indiana (mem. dec.)
20A-CR-16
Criminal. Affirms Jacob Hart’s aggregate 24-year sentence with 20 years executed for conviction in Dearborn Circuit Court of Level 3 felony dealing in methamphetamine, Level 4 felony possession of a firearm by a serious violent felon and Level 6 felony maintaining a common nuisance. Finds sufficient evidence to support the conviction. Also finds his sentence is not inappropriate in light of the nature of the offense and his character.

Chris A. Brodien v. State of Indiana (mem. dec.)
20A-CR-110
Criminal. Affirms Chris Brodien’s aggregate seven-year sentence for conviction of Level 5 felony battery and Class A misdemeanor battery. Finds his sentence is not inappropriate and that the LaPorte Superior Court did not abuse its discretion by failing to find Brodien’s history of alcohol abuse to be a significant mitigating factor.

In the Matter of the Termination of the Parent-Child Relationship, N.G., Minor Child, S.B., Mother v. Indiana Department of Child Services (mem. dec.)
20A-JT-60
Juvenile termination. Affirms the involuntary termination of S.B.’s parental rights to her child, N.G. Finds that clear and convincing evidence supports the Delaware Circuit Court’s determination that termination is in N.G.’s best interests.

Robert Wayne Dilden III v. State of Indiana (mem. dec.)
20A-CR-111
Criminal. Reverses Robert Dilden III’s adjudication in Tippecanoe Superior Court as a habitual offender and remands for a new trial to determine whether he is a habitual offender. Finds, and the state concedes, that there was insufficient evidence to support the adjudication.

Harjinder Singh, Navdeep Gill, Sandhu Petroleum Corp. No. 3, SMHR Holdings, LLC v. SBJ Petroleum No. 1, LLC, SBJ Petroleum No. 3, LLC, Michael A. Jarard, Corinth Bishop (mem. dec.)
20A-PL-540
Civil plenary. Reverses the Lake Superior Court’s judgment in favor of Michael A. Jarard and Corinth Bishop against Harjinder Singh, Navdeep Gill, Sandhu Petroleum Corp. No. 3, and SMHR Holdings, LLC. Remands the matter with instructions to vacate the original judgment and grant appellants’ motion to enforce settlement agreement and motion to recover funds turned over after the parties’ settlement.

Nikolas S. Shannon v. State of Indiana (mem. dec.)
19A-CR-1747
Criminal. Affirms Nikolas Shannon’s conviction for murder and Level 5 felony robbery. Holds that Shannon lacked standing to challenge any evidence derived from a recorded phone call and holds that any error in the Marion Superior Court’s admission of photographs of fired cartridges that officers had found in and around Shannon’s apartment was harmless in light of the totality of evidence against him. Also finds Shannon failed to present a cogent argument as to whether he was entitled to a jury instruction on reckless homicide. Finds sufficient evidence to support the conviction.

Aaron Terrell v. State of Indiana (mem. dec.)
20A-CR-201
Criminal. Affirms Aaron Terrell’s conviction in Marion Superior Court of Class A misdemeanor criminal trespass. Finds that the state proved beyond a reasonable doubt that Terrell committed the crime.

In the Matter of the Termination of Parental Rights: S.S. (Minor Child), And L.N. (Mother) v. The Indiana Department of Child Services (mem. dec.)
20A-JT-220
Juvenile termination. Affirms the termination of L.N.’s parental rights to her minor child, S.S. Finds that the Department of Child Services presented sufficient evidence to support the Allen Superior Court’s order terminating mother’s parental rights to the child.

Brycor, Inc. d/b/a Meineke Car Care Center v. Anthony Alexander (mem. dec.)
19A-CT-2963
Civil tort. Reverses the denial of Brycor, Inc. d/b/a Meineke Car Care Center’s motion for partial summary judgment in favor of Anthony Alexander. Enters partial summary judgment for Meineke and remands to Floyd Superior Court for entry of damages consistent with the opinion. Denies Alexander’s cross-appeal.

In the Adoptions of De.D. and Di.D.; P.F. (Mother) v. R.D. (mem. dec.)
19A-AD-2922
Adoption. Affirms the Vanderburgh Superior Court’s grant of an adoption petition filed by Ry.D. (stepmother) for the adoption of P.F.’s (mother’s) minor children, De.D. and Di.D. Finds the trial court’s determination that adoption is in the best interests of the children is not clearly erroneous.