Opinions June 5, 2020

Indiana Court of Appeals
Jesus Pedraza, Jr. v. State of Indiana
19A-CR-850
Criminal. Grants rehearing for the limited purpose of making a point of clarification regarding the circumstances of Jesus Pedraza’s Miranda waiver. Affirms the memorandum decision in all other respects.

Jason Brimner and Kelli Brimner v. Bradley Binz and Laurie Binz
19A-PL-3021
Civil plenary. Affirms the entry of summary judgment in favor of Bradley and Laurie Binz on the basis that an easement instrument was not enforceable. Finds the Allen Superior Court did not err in failing to conlude that the stipulated dismissal of the Binzes’ amended complaint was res judicata as to the counterclaim brought by Jason and Kelli Brimner.

Central States Tower IV, LLC v. Board of Zoning Appeals of the City of Portage
19A-PL-3046
Civil plenary. Reverses the denial of Central States Tower IV LLC’s petition for writ of certiorari. Finding CST’s failure to timely file the record, or request an extension of time in which to do so, required dismissal of its petition. Remands with instructions to dismiss CST’s petition for writ of certiorari.

In the Matter of A.C. and P.C., Children in Need of Services, K.C. and R.C. (Parents) v. Indiana Department of Child Services (mem. dec.)
19A-JC-2706
Juvenile CHINS. Affirms the determination that A.C. and P.C. were children in need of services. Finds the Department of Child Services showed by a preponderance of the evidence that the children were endangered by drug use and domestic violence.

Damarco L. Churn v. State of Indiana (mem. dec.)
19A-CR-2799
Criminal. Affirms Damarca Churn’s conviction of Level 5 felony domestic battery resulting in bodily injury to a pregnant woman and Level 5 felony strangulation. Finds Churn has not established any error, including reversible error, in the Delaware Circuit Court’s evidentiary rulings, or in its denial of his motions for mistrial. Judge Elizabeth Tavitas concurs with separate opinion.

Matthew Christopher Yost v. State of Indiana (mem. dec.)
19A-CR-2834
Criminal. Dismisses without prejudice Matthew Christopher Yost’s five convictions of Level 5 felony criminal recklessness and reverses his consecutive sentences of an aggregate 15 years. Finds Yost’s challenge to his convictions cannot be brought on direct appeal given his guilty plea. Also finds the trial court erred in imposing an aggregate sentence in excess of seven years because Yost’s four rounds of gunshots constituted a single episode of criminal conduct. Remands with instructions for the trial court to limit the aggregate term of imprisonment to not more than seven years.

Kurtis R. Hall v. State of Indiana (mem. dec.)
19A-CR-2941
Criminal. Affirms Kurtis Hall’s convictions of unlawful possession of a firearm by a serious violent felon as a Level 4 felony and auto theft as a Level 6 felony, and his adjudication as a habitual offender. Finds the Gibson Circuit Court did not err when it admitted one gun into evidence, and the state presented sufficient evidence to support Hall’s adjudication as a habitual offender. Also finds that any error in the admission of a second gun into evidence and the admission of Trooper Rafferty’s testimony was harmless. Finally, finds the trial court did not abuse its discretion when it denied Hall’s motion for a mistrial.

D.V.V. v. State of Indiana (mem. dec.)
19A-JV-2872
Juvenile. Affirms the grant of wardship of D.V.V., a minor child, to the Department of Correction. Finds the juvenile court did not abuse its discretion by ordering D.V.V. to be placed in the custody of the DOC, as a less-restrictive placement was not consistent with the safety of the community or D.V.V.’s best interests.

Donald Joseph Lamm v. State of Indiana (mem. dec.)
19A-CR-3030
Criminal. Affirms Donald Lamm’s sentence to four years in the Department of Correction for a conviction of Level 5 felony intimidation and two charges in other cause numbers. Finds the Monroe Circuit Court did not abuse its discretion in sentencing Lamm. Also finds Lamm’s placement in the DOC is not inappropriately harsh.

Tammy Blevins v. State of Indiana (mem. dec.)
19A-CR-2822
Criminal. Affirms Tammy Blevins’ sentence to an aggregate of approximately six years, including 360-day consecutive sentences for her convictions of operating a vehicle with an alcohol concentration equivalent of at least 0.15 as a Level 6 felony and operating a vehicle while intoxicated as a Class A misdemeanor, and her adjudication as a habitual vehicular substance offender. Finds Blevins’ sentence is not inappropriate in light of the nature of her offenses and her character.

Kari Christina Spray v. State of Indiana (mem. dec.)
19A-CR-2250
Criminal. Affirms the revocation of Kari Spray’s 288-day suspended sentence. Finds the Johnson Superior Court did not abuse its discretion when it ordered Spray to serve her entire previously suspended sentence in the Indiana Department of Correction.