Opinions March 12, 2020

Indiana Court of Appeals
Name Change Of: R.E.
19A-MI-02562
Miscellaneous. Reverses and remands the Newton Circuit Court’s demand that R.E. publish his petition to change his name in a local newspaper; litigate the petition in open court; and submit medical evidence to show that R.E. had actually undergone a physical sex change. Finds the trial court obstructed the timely disposition of R.E.’s petition and placed evidentiary burdens upon R.E. that were unjustified and contrary to law. Remands with instructions that the trial court grant R.E.’s petition without further delay.

Justin Danh v. State of Indiana
19A-CR-1148
Criminal. Affirms the denial of Justin Danh’s motion to suppress the evidence found during the search of his vehicle. Finds the officer had reasonable suspicion to believe that Danh possessed a firearm and/or illegal substances when he stopped Danh for a traffic violation. Also finds the canine search did not unreasonably prolong the traffic stop. Therefore, finds the patdown and canine searches did not violate Danh’s Fourth Amendment rights.

David A. Tyrie v. State of Indiana
19A-CR-692
Criminal. Affirms and remands the denial of David Tyrie’s motion to dismiss the charges against him of sexual misconduct with a minor. Finds the Gibson Circuit Court did not abuse its discretion when it denied Tyrie’s motion to dismiss the charges under new cause number 1338.

David M. Riley v. State of Indiana (mem. dec.)
19A-CR-2109
Criminal. Affirms David Riley’s sentence imposed after he violated his terms of probation. Finds based on Riley’s repeated violations of court orders and probation, the Vigo Superior Court did not abuse its discretion in revoking probation and ordering Riley to serve the remainder of his sentence.

Juana Maria Ambriz de Williams v. Adrian Guzman Jr. (mem. dec.)
19A-SC-691
Smalls claims. Affirms the Porter Superior Court’s judgment in favor of Adrian Guzman Jr. against Juana Maria Ambriz de Williams’ trespass claim. Finds that because Guzman’s trespass did not proximately cause the seizure of Zeke, her German Shepherd, Williams is not entitled to compensatory damages from Guzman. Judge Elizabeth Tavitas concurs in a separate opinion.

In that Matter of B.Y., T.H., L.A., and A.A., Minor Children in Need of Services; T.Y. (Mother) v. Indiana Department of Child Services (mem. dec.)
19A-JC-2437
Juvenile CHINS. Affirms the adjudication of T.Y.’s four minor children, B.Y., T.H., L.A., and A.A. as children in need of services. Finds that the trial court did not err when it concluded that the children were CHINS based on mother’s repeated inability, refusal, or neglect to provide the children with appropriate supervision. Finds the trial court did not err when it directed mother to participate in services aimed at improving her behavior with respect to drug use and an inadequate home, including the order to participate in counseling.

Kimberly A. Stewart v. Dianna N. Randle (mem. dec.)
19A-CT-2270
Civil tort. Affirms the denial of Kimberly Stewart’s motion to correct error after a jury entered a verdict in favor of Dianna Randle on Stewart’s complaint alleging that Randle had negligently caused a car accident. Finds the Marion Superior Court did not abuse its discretion when it tendered both verdict forms to the jury, and the court did not abuse its discretion when it denied Stewart’s motion to correct error.

In the Matter of the Termination of Parental Rights of: A.B. (Minor Child) and C.B. (Father) v. The Indiana Department of Child Services (DCS) (mem. dec.)
19A-JT-1885
Juvenile termination. Affirms the termination of C.B.’s parental rights to his child, A.B. Finds the Howard Circuit Court’s order is not clearly erroneous.

Lionel Wilburn, Jr. v. State of Indiana (mem. dec.)
19A-CR-43
Criminal. Affirms Lionel Wilburn’s 30-month sentence for conviction of Level 6 felony battery resulting in moderate bodily injury, with six months to be served in the St. Joseph County Jail, 12 months to be served in St. Joseph County Community Corrections, and the remainder suspended to probation. Finds the St. Joseph Superior Court did not abuse its discretion in sentencing Wilburn and that his sentence is not inappropriate.

Ontario M. Lowe v. State of Indiana (mem. dec.)
19A-CR-2283
Criminal. Reverses Ontario Lowe’s conviction of Level 6 felony maintaining a common nuisance and his corresponding two-year sentence. Finds insufficient evidence to support the Vigo Superior Court’s conviction.