Opinions July 5, 2022

Court of Appeals of Indiana
In the Matter of the Contempt of Christopher C. Myers; Adam Williams and Debbie Williams v. Shafer Pick A Part, LLC, and Paul Shafer
22A-CT-142
Civil tort. Affirms the Allen Superior Court’s imposition of sanctions on attorney Christopher C. Myers. Finds the trial court did not abuse its discretion by imposing Trial Rule 37(D) sanctions against Myers, as he was aware of the deposition date and aware that his motion to quash had been denied, but still failed to appear. Declines to recommend or remand for the imposition of appellate penalties.

Roy L. Skeens v. State of Indiana
21A-CR-2889
Criminal. Affirms Roy L. Skeens’ conviction of Level 6 felony possession of methamphetamine and his sentence to 2½ years in the Indiana Department of Correction, enhanced by six years for being a habitual offender. Finds the state presented sufficient evidence to support Skeens’ conviction. Also finds the Wabash Circuit Court did not abuse its discretion with respect to mitigators. Finally, finds Skeens’ sentence is not inappropriate.

Joseph Craig Peerson v. State of Indiana (mem. dec.)
22A-CR-26
Criminal. Affirms Joseph Craig Peerson’s sentence to 25 years, with 12 years executed and 13 years suspended to probation, for his conviction of Level 2 felony dealing methamphetamine. Finds the sentence is not inappropriate.

In Re the Adoption of N.A. K.A; K.A. (Father) v. K.O. (mem. dec.)
21A-AD-2743
Adoption. Affirms and remands the order of adoption in favor of K.O. Finds the Vanderburgh Superior Court had subject matter jurisdiction. Also finds father K.A.’s consent to the adoption of child N.A. was not necessary. Finally, finds the trial court should have consolidated the paternity and adoption proceedings prior to issue the order of adoption. Vacates the order of adoption and remands with instructions to consolidate the adoption and paternity proceedings prior to reissuing the order.

Markus W. Miller v. State of Indiana (mem. dec.)
21A-CR-1269
Criminal. Affirms Markus Miller’s convictions of Level 4 felony unlawful possession of a firearm as a serious violent felon, Level 6 felony resisting law enforcement, Level 6 felony unlawful possession of a syringe and Level 6 felony possession of methamphetamine. Finds the Pulaski Circuit court did not err in denying Miller’s petitions for discharge. Also finds Miller didn’t receive ineffective counsel.

Andrew Scott Alcorns v. State of Indiana (mem. dec.)
21A-CR-2755
Criminal. Affirms Andrew Alcorns’ 75-year sentence, with five years suspended to probation, for and Level 3 felony aggravated battery. Finds the sentence is not inappropriate.

Jonathan A. Sherman v. State of Indiana (mem. dec.)
21A-CR-1678
Criminal. Affirms Johnathan A. Sherman’s conviction of Level 5 felony domestic battery resulting in bodily injury to a pregnant woman, and his sentence to an aggregate of nine years executed. Finds there was sufficient evidence to support the jury’s verdict and the trial court’s judgment of conviction. Also finds the Carroll Circuit Court did not abuse its discretion in sentencing.

Melvin Ray Bell III v. State of Indiana (mem. dec.)
21A-CR-2618
Criminal. Affirms Melvin Bell’s convictions of criminal recklessness and unlawful possession of a firearm by a serious violent felon as well as his adjudication as a habitual offender. Finds any instructional error regarding Bell’s sentencing to be harmless. Also finds that correction of the sentencing documents is necessary. Remands for correction of those documents.

In re the Paternity of S.L.R., Brooke Pace v. Cameron Richardson (mem. dec.)
22A-JP-482
Juvenile paternity. Affirms the Grant Superior Court’s denial of mother Brooke Pace’s motion to correct error regarding a paternity affidavit. Denies father Cameron Richardson’s request for appellate attorney fees. Finds the trial court did not err in denying the motion to correct error. Also finds Pace’s appeal was not “permeated with meritlessness, bad faith, frivoloity, harassment, vexatiousness or purpose of delay.”

Anthony M. Premore v. State of Indiana (mem. dec.)
21A-PC-2094
Post-conviction relief. Affirms the Elkhart Superior Court’s denial of Anthony M. Premore’s petition for post-conviction relief. Finds Premore has not established that he was subjected to ineffective assistance of trial counsel. Also finds Premore was not denied a procedurally fair post-conviction proceeding.

T.S. v. A.S. by next friend, H.J. (mem. dec.)
21A-PO-2832
Protective order. Reverses a protective order granted for 11-year-old A.S. against her 24-year-old half-brother, T.S. Finds the Lake Superior Court did not make any findings required by the protective order statutes. Also finds there was insufficient evidence to support application of the statutes. Remands with instructions to vacate the protective order.