Opinions March 14, 2022

Court of Appeals of Indiana
Nathan C. Albrecht v. State of Indiana
21A-CR-1560
Criminal. Affirms Nathan C. Albrecht’s 10 counts of Level 5 felony possession of child pornography and 21-year sentencing. Finds Dubois Circuit Court didn’t err in admitting evidence taken off a hard drive in Albrecht’s home. Concludes his convictions are supported by the evidence and his sentencing is appropriate. Judge Terry A. Crone concurs in part and dissents in part in separate opinion.

Milton Davis v. Michelle M. Davis (mem. dec.)
21A-DN-741
Domestic relation, no children. Affirms in part, reverses in part the Marion Superior Court’s decree of dissolution of Milton Davis’ marriage to Michelle Davis. Finds the trial court had subject matter jurisdiction to issue the dissolution decree and did not abuse its discretion when it divided the marital estate equally. Remands and instructs the trial court to correct the error in the decree regarding the equalization payment to Michelle of $75,459.30. Finds no abuse of discretion in concluding Milton’s military pension in the marital estate and when it awarded Michelle 50% of the husband’s FERS and military pensions.

Christopher Michael Allen Harris v. State of Indiana (mem. dec.)
21A-CR-976
Criminal. Affirms in part and reverses in part Christopher Harris’ conviction of Level 5 felony intimidation with a deadly weapon against Kendall Hooker; Level 5 felony intimidation with a deadly weapon against Michael Mitchell; Level 6 felony pointing a firearm at Mitchell; Class A misdemeanor carrying a handgun without a license; and Class B misdemeanor possession of marijuana. Reverses Harris’s Level 6 felony conviction on double jeopardy violation grounds and instructs the trial court to vacate it.

In the Matter of the Guardianship of Carol Stalions, an Alleged Incapacitated Adult; Randy Stalions v. Benjamin Stalions1 and Beth Sullivan-Summers (mem. dec.)
21A-GU-978
Guardianship. Affirms the Morgan Superior Court’s denial of Randy Stalions’ motion to dismiss the petition to establish guardianship over Carol Stalions that was filed by Benjamin Stalions and Beth Sullivan-Summers. Finds the trial court did not abuse its discretion when it determined that Carol did not have sufficient mental capacity on Feb. 28 to execute the Feb. 28 POAs. Also finds the court did not act as an advocate and therefore did not violate Randy’s due process right to a fair trial before an impartial decision-maker. Remands with instructions for the trial court to enter an order declaring that the Feb. 28 POAs are null and void and directing that said order be recorded in the Office of the Recorder of Morgan County.

Kevin R. Newby v. Richard E. Newby, et al., (mem. dec.)
21A-MF-1051
Mortgage foreclosure. Affirms the Hamilton Superior Court’s grant of Richard and Edna Newby and Ann Burkett’s complaint seeking to close on a conditional land sale contract with Kevin Newby. Finds the trial court did not err in granting summary judgment in favor of Plaintiffs and that the trial court was not precluded from entering summary judgment against Kevin Newby given his wife’s Chapter 7 bankruptcy filing. Finally, finds no abuse of the trial court’s discretion when it denied Kevin Newby’s request for an extension of time to respond to the motion for summary judgment.

In the Matter of the Estate of Suzanne M. Neitzel, Deceased: Rita Tafelski v. Linda Salmon (mem. dec.)
21A-ES-1485
Estate. Affirms the dismissal of Rita Tafelsk’s mother’s estate for failure to prosecute. Finds the Lake Circuit Court did not abuse its discretion by dismissing the estate.

Jeffrey Lee Howard, Jr. v. State of Indiana (mem. dec.)
21A-CR-1942
Criminal. Affirms Jeffrey Lee Howard Jr.’s aggregate 30-month sentence with 18 months executed and served on COS and 12 months suspended to probation following the revocation of his probation. Holds that the Madison Circuit Court’s order that Howard serve the balance of his previously suspended sentence in the DOC is supported by the record and is well within the trial court’s discretion.

Christina S. Greathouse v. State of Indiana (mem. dec.)
21A-CR-2229
Criminal. Affirms Christina Greathouse’s 17 ½-year sentence for conviction of Level 2 felony dealing in methamphetamine. Finds her sentence is not inappropriate in light of the nature of the offense and her character.

In re the Adoption of Minor Children P.B. and S.B., K.D.,v. R.B. and L.B. (mem. dec.)
21A-AD-2267
Adoption. Affirms the grant of adoption of K.D.’s twin daughters, P.B. and S.B., by their maternal grandparents, R.B. and L.B. Finds no error with the trial court’s decision that Father’s consent was not required for Grandparents’ adoption of Children. Finds that an award of appellate attorney’s fees is not warranted in this case.

Lamar Rufenbarger v. State of Indiana (mem. dec.)
21A-CR-2319
Criminal. Affirms Lamar Rufenbarger’s 10-year sentence for Level 4 felony child molesting and Level 6 felony sexual battery. Finds his sentence is not inappropriate.