Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowWednesday Opinions
Court of Appeals of Indiana
In the Matter of the Adoption of G.J., Minor Child, D.A. v. D.J. (mem. dec.)
22A-AD-2828
Adoption. Affirms LaGrange Circuit Court’s ruling that that the consent of D.J., father of G.J., was required for the adoption of the child by D.A., the child’s stepfather. Finds D.A. has not overcome the presumption that a trial court’s ruling in an adoption case is correct. Also, finds evidence in the record supporting the trial court’s conclusion.
Justin Freytag v. State of Indiana (mem. dec.)
22A-CR-2408
Criminal. Affirms Justin Freytag’s aggregate 50-year sentence in Clark Circuit Court for three counts of child molesting and one count of possession of child pornography is appropriate. Finds Freytag has not shown that his sentence is inappropriate in light of the nature of the offenses and his character.
Brandon M. Ashby v. State of Indiana (mem. dec.)
22A-CR-2951
Criminal. Affirms Brandon Ashby’s conviction of Level 6 felony domestic battery in Franklin Circuit Court. Finds K.A.’s testimony was not incredibly dubious, and the state presented sufficient evidence to support Ashby’s domestic battery conviction.
Anthony T. Barbee v. State of Indiana (mem. dec.)
22A-CR-2778
Criminal. Affirms Anthony Barbee’s conviction of Level 4 felony unlawful possession of a firearm by a serious violent felon. Finds the Marion County Superior Court did not abuse its discretion when it admitted hotel surveillance video into evidence. Further, finds the state presented sufficient evidence to prove Barbee unlawfully possessed a firearm.
Matthew Gear v. State of Indiana (mem. dec.)
22A-CR-2475
Criminal. Affirms Matthew Gear’s convictions of Level 5 felony criminal confinement and Level 6 felony battery on a person less than 14 years old. Finds there was sufficient evidence presented in St. Joseph Superior Court to support Gear’s convictions.
Shawn Demetrius Moran v. State of Indiana (mem. dec.)
22A-CR-2915
Criminal. Affirms Vigo Superior Court’s order revoking Shawn Moran’s in-home detention placement. Finds that the trial court had a sufficient basis and did not abuse its discretion to revoke Moran’s in-home detention placement based upon Moran’s chronic and continual violations.
J.T.H. v. State of Indiana (mem. dec.)
22A-JV-2594
Juvenile. Affirms J.T.H.’s placement with the Indiana Department of Correction following the modification of his placement from probation and home detention to the DOC after he admitted to violating the terms of his probation. Finds St. Joseph Probate Court did not abuse its discretion when it assigned J.T.H.’s wardship to the DOC.
In the Matter of the Termination of the Parent-Child Relationship of L.C., Mother, and J.C., D.C., C.C., and S.H., Children, L.C. v. Indiana Department of Child Services (mem. dec.)
22A-JT-3061
Juvenile termination of parental rights. Affirms Fountain Circuit Court’s termination of L.C.’s parental rights. Finds the juvenile court did not err in its conclusion that the conditions for removal and continued placement outside the home would not be remedied. Also finds that the juvenile court’s judgment terminating the mother’s parental rights was supported by clear and convincing evidence.
Yuki Gilbert v. Ralph Townes (mem. dec.)
22A-SC-2302
Small claims. Affirms Elkhart Superior Court finding Yuki Gilbert in indirect contempt for lack of cooperation and feigned innocence and ordering her to pay a fine. Finds the trial court was well within its discretion to find Gilbert in indirect contempt of its March 15 order from the bench.
Please enable JavaScript to view this content.