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Cameron Banks v. State of Indiana
23A-CR-898
Criminal. Affirms Cameron Banks’ murder conviction in Marion Superior Court and the admittance of incriminating evidence found during the search of his cell phone. Finds a search warrant was supported by probable cause as the affidavit presents facts, together with reasonable inferences, demonstrating a sufficient nexus between Cameron’s cell phone and the shootings and robbery. Also finds that the warrant was specific enough as it allowed the police to look for items that were related to the February 2020 shootings and robbery and did not violate the Fourth Amendment’s particularity requirement. Reverses Cameron’s conviction for Level 2 felony robbery. Remands with instructions for the trial court to enter conviction for Level 5 felony robbery instead.
In re: the Administration of the Trust of: Neal L. Bosworth, Deceased. Vickie Jones, et al v. Tony Bosworth
23A-TR-813
Trust. Affirms in part the Randolph Circuit Court’s order granting Tony Bosworth’s petition. Finds he was not required to initiate a separate proceeding to contest the validity of the Two-Amendment Instrument. Finds that, however, to the extent the trial court’s March 17, 2023, order recognizes the Four-Amendment Instrument over the Two-Amendment Instrument, the order goes beyond the scope of the issues to be addressed at the March 9, 2023, hearing. Vacates the portion of the trial court’s order that purports to credit the Four-Amendment Instrument over the Two-Amendment Instrument. Remands with instructions for the trial court to decide which version of the trust instrument is valid.
The Lakes of the Four Seasons Property Owners Association, Inc. v. State of Indiana, et al. (mem. dec.)
23A-PL-2393
Civil plenary. Affirms the Lake Superior Court’s denial of The Lakes of the Four Seasons Property Owners Association’s request for a declaratory judgment regarding the authority of LOFS’s security guards to stop, detain, and/or issue citations to drivers on LOFS property. Finds the trial court did not abuse its discretion when it denied the motion for declaratory relief on the ground that such relief would not terminate the uncertainty or controversy giving rise to the proceeding. Also finds LOFS would not have been entitled to such relief because it has no legal authority to stop, detain, and cite motorists on its property for violations of Indiana traffic laws that also are listed as violations in the LOFS rules.
Artavius G. Richards v. State of Indiana (mem. dec.)
23A-PC-484
Post conviction relief. Affirms the Allen Superior Court’s dismissal of Artavius Richards’ petition for post conviction relief because of his failure to timely submit his case by affidavit and the post conviction court’s subsequent denial of his motion to correct error. Finds the court did not abuse its discretion when it ordered Richards to submit his case by affidavit or when it did not appoint new counsel for him.
In the Termination of the Parent-Child Relationship of M.M. (Minor Child) and S.W. (Mother) v. Indiana Department of Child Services (mem. dec.)
23A-JT-2157
Juvenile termination of parental rights. Affirms the Morgan Circuit Court’s involuntary termination of S.W.’s parental rights to her daughter, M.M. Finds the trial court’s determination that there is a reasonable probability that a primary reason for M.M.’s removal or placement outside the parents’ home will not be remedied was not clearly erroneous.
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