Opinions March 12, 2024

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Indiana Court of Appeals
Brooke Wells v. Joseph Todd Wells and Kimberly Renae Wells
23A-DR-990
Domestic relations.  Affirms the Marion Superior Court’s finding that Brooke Wells repudiated her father, Joseph Wells, and therefore the father was relieved of his obligation to pay for her to attend college. Finds the trial court did not clearly err in finding the daughter repudiated her father. Judge Elizabeth Tavitas dissents with separate opinion.

Kenneth E. Bardonner v. Veronika Bardonner
23A-DC-1393
Domestic relations with children. Affirms the Monroe Circuit Court’s order modifying Kenneth Bardonner’s parenting time with his child, K.V.B. Finds the trial court’s order prohibiting the child’s involvement in certain activities related to the father’s church does not violate Father’s First Amendment rights, nor is it otherwise erroneous. Also finds the trial court’s order modifying the father’s parenting time is supported by the evidence and is not clearly erroneous.

Christopher L. Blagburn v. Sally J. Schwartz (mem. dec.)
23A-MI-1374
Miscellaneous. Affirms the Hancock Superior Court’s granting of Sally Schwartz’s motion to bifurcate the real property partition issue from the rest of her and Christopher Blagburn’s legal dispute. Finds Blagburn failed to prove that the trial court abused its discretion in bifurcating the partition issue from the rest of his and Schwartz’s legal dispute.

Michael D. Hart v. State of Indiana (mem. dec.)
23A-PC-2144
Post conviction relief. Affirms the Sullivan Circuit Court’s order dismissing Michael Hart’s petition for post-conviction relief. Finds that Hart’s attempt to relitigate the issue concerning the propriety of his parole revocation is barred by the doctrine of res judicata.

In the Termination of the Parent-Child Relationship of B.M. (Minor Child), and

T.M. (Mother) and D.M. (Father) v. Indiana Department of Child Services (mem. dec.)
23A-JT-2485
Juvenile termination of parental rights. Affirms the Cass Circuit Court’s order granting the Indiana Department of Child Services termination of the T.M. and D.M.’s parental rights. Finds the evidence is sufficient to sustain the juvenile court’s order and rejects the parents’ claim that they were denied due process because DCS had failed to provide them with adequate accommodations.

William Bogner v. Rebecca Bogner (mem. dec.)
23A-DN-2419
Domestic relations without children. Affirms the Fulton Superior Court’s application of the statutory presumption of equal division in evenly splitting the marital estate of William and Rebecca Bogner. Finds the trial court did not abuse its discretion in dividing the marital estate evenly and in valuing the parties’ lawnmower.

Reko Deprea Levels, Jr. v. State of Indiana (mem. dec.)
23A-CR-1911
Criminal. Affirms Reko Levels’ conviction in Vanderburgh Superior Court for Level 3 felony criminal confinement. Finds there was sufficient evidence to support his conviction for criminal confinement. Remands with instructions to vacate Levels’ “merged” conviction for Level 3 felony armed robbery by putting a person in fear.

In re the Adoption of Z.S.: U.M. v. B.M. and K.T. (mem. dec.)
23A-AD-2375
Adoption. Affirms the Hamilton Superior Court’s granting of B.M. and K.T.’s adoption petition. Finds termination of the biological father’s parental rights is in the child’s best interests.

Roosevelt Carlos Walter Easler v. State of Indiana (mem. dec.)
23A-CR-2046
Criminal. Reverses Roosevelt Easler’s conviction in Hendricks Superior Court of Class B misdemeanor possession of marijuana. Finds that Easler’s use of the term “blunt” to refer to the object was not determinative of whether the material had a THC concentration exceeding 0.3% on a dry weight basis. Also finds there was insufficient evidence to support Easler’s conviction.

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