Opinions June 28, 2021

Indiana Court of Appeals
Krause-Franzen Farms, Inc., David P. Krause, Jane E. Krause, and Philip C. Krause v. Tippecanoe School Corporation
21A-PL-115
Civil plenary. Affirms the Tippecanoe Superior Court’s order in favor of Tippecanoe School Corporation on its condemnation action and overruling Krause-Franzen Farms Inc., David P. Krause, Jane E. Krause and Philip C. Krause’s objection. Finds TSC is not appropriating property because it might wish to use the property in the future. Also finds the evidence does not point solely to a conclusion that TSC has exceeded its authority.

Steven Church v. State of Indiana
21A-CR-68
Criminal. Reverses the denial of Steven Church’s petition to take the deposition of a child accuser in his case alleging multiple counts of child molesting and attempted child molesting. Finds Indiana Code § 35-40-5-11.5 impermissibly conflicts with the Indiana Trial Rules governing the conduct of depositions. Also finds the Marion Superior Court abused its discretion in denying Church’s petition to depose the child accuser. Remands for proceedings.

In Re: The Grandparent Visitation of B.A.A.; K.T.A. v. R.A. and M.A.
21A-MI-258
Miscellaneous. Remands the Hamilton Superior Court’s grant of grandparent visitation to R.A. and M.A. Finds that the trial court’s findings of fact and conclusions are inadequate to support the grandparent visitation order. Remands with instructions for new findings and conclusions at the trial court as required by In re Visitation of M.L.B., 983 N.E.2d 583 (Ind. 2013), without hearing new evidence.

S&C Financial Group LLC v. Insider’s Cash LLC and Horizon Trust Company Custodian FBO Patricia McCabe IRA
20A-TP-2193
Petition for tax deed. Reverses the Marion Circuit Court’s grant of summary judgment to Patricia McCabe IRA and Insider’s Cash LLC and its denial of summary judgment to S&C Financial Group. Finds that neither McCabe IRA nor Insider’s was entitled to notice of the tax sale. Also finds that neither party can prevail in a challenge seeking to set aside S&C’s tax deed, and the trial court erred in setting it aside.

Olelkan Jubril v. State of Indiana (mem. dec.)
20A-CR-2172
Criminal. Affirms Olelkan Jubril’s conviction of Class A misdemeanor domestic battery. Finds sufficient evidence to support the conviction.

Brent A. Taylor v. Public Service Credit Union (mem. dec.)
20A-CC-2233
Civil collection. Affirms the grant of summary judgment in favor of Public Service Credit Union in PSCU’s enforcement of a loan agreement upon Brent A. Taylor’s default. Finds no genuine issue of material fact exists that prevented the grant of summary judgment to PSCU.

Lavell Holloway v. State of Indiana (mem. dec.)
20A-CR-2247
Criminal. Affirms Lavell Holloway’s conviction for felony murder. Finds any error in the admission of Ernestine Lucas’ testimony was harmless in light of all of the evidence before the jury. Also finds the Lake Superior Court did not abuse its discretion when it declined to instruct the jury on reckless homicide.

Gary Dawayne Amick v. State of Indiana (mem. dec.)
20A-CR-2253
Criminal. Dismisses Gary Dawayne Amick’s appeal of the order that he serve the remainder of his sentence in the Indiana Department of Correction after he admitted to violating the terms of his probation. Finds belated appeals from orders revoking probation are not available under Post-Conviction Rule 2, so the matter is not properly before the Court of Appeals because Amick’s notice of appeal was untimely.

Nathaniel Jerome Asbury v. State of Indiana (mem. dec.)
20A-CR-2338
Criminal. Affirms Nathaniel Jerome Asbury’s sentence to an aggregate of 60 years for his convictions of rape as a Level 1 felony and burglary as a Level 2 felony. Finds Asbury has not sustained his burden of establishing that his sentence is inappropriate in light of the nature of the offenses and his character.

In the Matter of the Termination of the Parent-Child Relationship of J.F., Father, N.C., Mother, and G.C., Minor Child, J.F. v. Indiana Department of Child Services (mem. dec.)
21A-JT-35
Juvenile termination of parental rights. Affirms the termination of father J.F.’s parental rights to G.C. Finds J.F. was not denied his right to due process. Also finds the evidence supports the juvenile court’s findings, and the juvenile court’s findings support its legal conclusions and judgment.

In the Matter of M.B. (Minor Child), and N.B. (Mother) v. Indiana Department of Child Services (mem. dec.)
21A-JC-63
Juvenile CHINS. Affirms the finding that M.B. is a child in need of services. Finds that the findings and adjudication of M.B. as a CHINS are not clearly erroneous.

Brett W. Walters v. State of Indiana (mem. dec.)
21A-CR-74
Criminal. Affirms Brett Walters’ sentence to an aggregate of three years served for his convictions of possession of methamphetamine as a Level 6 felony, possession of paraphernalia as a Class C misdemeanor, resisting law enforcement as a Class A misdemeanor and two counts of disorderly conduct as Class B misdemeanors. Finds his sentence is not inappropriate.

K.T. v. Indiana Department of Child Services (mem. dec.)
21A-JT-184
Juvenile termination of parental rights. Affirms the termination of mother K.T.’s parental rights to her minor child, J.K. Finds the Jennings Circuit Court’s conclusion that there was a reasonable probability that K.T.’s drug addiction and other issues would not be remedied was not clearly erroneous.

In Re: The Termination of the Parent-Child Relationship of A.H. (Minor Child); M.H. (Mother) v. The Indiana Department of Child Services (mem. dec.)
21A-JT-239
Juvenile termination of parental rights. Affirms the termination of the parent-child relationship of M.H. with her daughter A.H. Finds the Indiana Department of Child Services did not violate M.H.’s right to due process. Also finds there is sufficient evidence to support the Vanderburgh Superior Court’s decision to terminate the parent-child relationship.

Shawn Behrens v. State of Indiana (mem. dec.)
21A-CR-285
Criminal. Affirms Shawn Behrens’ convictions of Class A misdemeanor domestic battery and Class B misdemeanor criminal mischief. Finds the victim’s testimony was not incredibly dubious as it was not so inherently improbable that no reasonable person could believe it.

Alex Lesniak v. Indiana State Employees Appeals Commission, and Indiana Department of Workforce Development (mem. dec.)
21A-PL-356
Civil plenary. Affirms the denial of Alex Lesniak’s petition for judicial review of the decision of the Indiana State Employees Appeals Commission, which upheld the Indiana Department of Workforce Development’s decision to terminate Lesniak for just cause. Finds DWD did not fail to reasonably communicate that Lesniak would have three attempts to pass the applied learning portion of the training, nor did it lack just cause to terminate him on the basis of his repeated failures to successfully complete the applied learning portion of the training. Also finds SEAC’s decision was not arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law.