Opinions March 6, 2020

Indiana Court of Appeals
Aaron B. Hoskins v. State of Indiana
19A-CR-2387
Criminal. Dismisses Aaron Hoskins’ appeal of his Level 6 felony conviction for unlawful possession of a syringe and the revocation of his probation. Finds Hoskins’ claim cannot be presented on direct appeal and must instead be presented in a petition for post-conviction relief because he pleaded guilty.

Michael A. Ferrill v. Susan E. Ferrill
18A-DR-2013
Domestic relation. Reverses the St. Joseph Circuit Court’s finding that Michael Ferrill was in contempt for stopping monthly payments to his former wife, Susan Ferrill. Finds that after Michael no longer received the Voluntary Separation Incentive payments because his return to active duty had given him enough years to qualify for a military pension, he was not required to continue paying Susan $11,000 annually. Also finds the divorce settlement agreement includes a separate provision that identifies his “military retirement pension” as “his sole and separate property.” Finally, finds the trial court abused its discretion.

William H. Deal v. Brenda Sue Gittings and Marc Richmond Gittings
19A-Tr-2210
Trust. Affirms the Spencer Circuit Court’s declaration that transfers of title to real estate made by Georgia Richmond to her son William Deal before her death were void ab initio and its order of a constructive trust to facilitate the transfer of the real estate and income received since the transfers to Brenda Gittings and the other original beneficiaries. Finds the trial court did not clearly err in declaring the transfers to be void ab initio. Also finds constructive trust is appropriate in this case.

Stiller Properties, LLC v. Floyd County Board of Zoning Appeals, Curt Rafferty, and Ceek Properties, LLC (mem. dec.)
19A-PL-2190
Civil plenary. Affirms the Floyd County Board of Zoning Appeals’ grant of Curt Rafferty’s variance application over the objection of neighboring landowner Stiller Properties LLC. Finds sufficient evidence supports the BZA’s findings. Also finds Stiller has failed to show that the quantum of legitimate evidence was so proportionately meager as to lead to the conviction that the finding and decision of the BZA does not rest upon a rational basis.

Ragina C. Stittums v. State of Indiana (mem. dec.)
19A-CR-2372
Criminal. Affirms the partial commitment of Ragina Stittums to the Indiana Department of Correction for her conviction of seven offenses, including Level 5 felony and Level 6 felony possession of methamphetamine. Finds Stittums has failed to establish that the aggregate four-year sentence imposed is inappropriate in light of the nature of her offenses and her character.

Ervin M. Price v. State of Indiana (mem. dec.)
19A-CR-2358
Criminal. Affirms Ervin Price’s placement in the Indiana Department of Correction for conviction of four counts of Level 4 felony cocaine dealing. Finds the Vigo Superior Court correctly concluded that the DOC was the appropriate placement for Price and that the placement is not inappropriate.

Jimmy Dale Acrey v. State of Indiana (mem. dec.)
19A-CR-2536
Criminal. Affirms Jimmy Acrey’s 16-year sentence for his conviction for Level 3 felony possession of methamphetamine. Finds the sentence is not inappropriate in light of either the nature of the offense or Acrey’s character.

Frederick A. Young v. Keith Butts and Indiana Parole Board (mem. dec.)
19A-MI-1589
Miscellaneous. Affirms the Henry Circuit Court’s order granting summary judgment in favor of Keith Butts and the Indiana Parole Board and its denial of Frederick Young’s petition for writ of habeas corpus relief. Finds the trial court properly granted summary judgment in favor of the state and did not err in denying Young’s petition.

Larry Allen Miller, III v. State of Indiana (mem. dec.)
19A-CR-2172
Criminal. Affirms Larry Miller III’s five-year aggregate sentence for his convictions of battery against a public safety official, resisting law enforcement and theft with a prior conviction, all as Level 6 felonies, as well as Class A misdemeanor theft. Finds Miller’s sentence is not inappropriate in light of the nature of his offenses and his character.

Antwoin Richmond v. Drew Adams, Melissa Pine, John Doe #1 (mem. dec.)
19A-CT-2052
Civil tort. Affirms the Marion Superior Court’s grant of parole officers Drew Adams, Melissa Pine and John Doe #1’s cross- motion for summary judgment against Antwoin Richmond on Richmond’s due process claim. Finds the trial court did not err in granting defendants’ motion for summary judgment.

Charles E. Johnson, Jr. v. State of Indiana (mem. dec.)
19A-CR-1120
Criminal. Affirms Charles Johnson’s aggregate six-year sentence for his convictions of Level 6 felony sexual battery and Level 5 felony battery resulting in injury. Finds Johnson has not met his burden of establishing that his sentence is inappropriate in light of both the nature of the offenses and his character.

Curtis Lowder v. State of Indiana (mem. dec.)
19A-CR-964
Criminal. Affirms the revocation of Curtis Lowder’s probation. Finds the Marion Superior Court did not abuse its discretion in ordering Lowder to serve the remainder of his three-year sentence in the Department of Correction. Also finds the revocation of Lowder’s probation did not violate his right to due process. Finally, finds the evidence was sufficient to support the revocation of his probation.

Kevin D. Johanns v. City of Muncie Fire Merit Commission (mem. dec.)
19A-PL-2695
Civil plenary. Affirms the Delaware Circuit Court’s order upholding the decision of the City of Muncie Fire Merit Commission to terminate Kevin Johanns’ employment as a firefighter for Muncie. Finds sufficient evidence to support the termination and the trial court did not err in affirming it. Also finds Johanns’ due process rights were not violated by the city attorney.

Larry Warren v. State of Indiana (mem. dec.)
19A-PC-1299
Post-conviction. Affirms the partial denial of Larry Warren’s his petition for post-conviction review. Finds no ineffective assistance of trial counsel and no ineffective assistance of appellate counsel on either direct appeal or on appeal following resentencing. Also finds the Marion Superior Court did not abuse its discretion when it affirmed Warren’s aggregate 70-year sentence instead of remanding for resentencing.

Michael A. Mitchell v. State of Indiana (mem. dec.)
19A-CR-2312
Criminal. Affirms Michael Mitchell’s aggregate 23-year sentence for his convictions of Level 3 felony armed robbery, Level 4 felony unlawful possession of a firearm by a serious violent felon. and his admission to being a habitual offender. Finds the sentence is not inappropriate in light of the nature of the offense and his character.

Robert W. Bohnke v. Susan J. Bender, Sandra B. Valentour, and Daniel Buchan (mem. dec.)
19A-PL-1849
Civil plenary. Affirms the Adams Circuit Court’s entry of partial summary judgment in favor of Susan Bender, Sandra Valentour and Daniel Buchan and against Robert Bohnke. Finds the trial court did not err in granting partial summary judgment in favor of the appellees.