Opinions May 23, 2023

Court of Appeals of Indiana
Jordan M. Norton v. State of Indiana
22A-CR-2314
Criminal. Dismisses Jordan Norton’s appeal of his convictions and sentence for battery by means of a deadly weapon, a Level 5 felony, and criminal recklessness, a Level 6 felony. Finds Norton was not entitled to file a belated notice of appeal. Judge Leanna Weissmann dissents with separate opinion.

Linda M. Elliott v. Nicholas Elliott and Kathleen Elliott (mem. dec.)
22A-DC-2483
Domestic relations with children. Affirms the Boone Superior Court’s denial of Linda M. Elliott’s motion to intervene in the dissolution action between her son, Nicholas Elliiott, and Kathleen Elliott. Finds Linda has waived her argument regarding joinder. Also finds the trial court undeniably had the authority to divide the funds in the Merrill Lynch account, and Linda’s suggestion to the contrary is without merit. Finally, finds Linda has waived her argument that the trial court abused its discretion in denying her untimely motion to intervene.

In the Matter of: A.M.P., A.T. (Mother) and J.P. (Father) v. Indiana Department of Child Services (mem. dec.)
22A-JC-2876
Juvenile CHINS. Affirms the adjudication of A.M.P. as a child in need of services. Finds the Department of Child Services presented sufficient evidence that the child was presumptively a CHINS and parents A.T. and J.P. did not rebut that presumption.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of: S.L.D. (Minor Child), and C.C. (Mother) and C.D. (Father) v. Indiana Department of Child Services (mem. dec.)
22A-JT-3013
Juvenile termination of parental rights. Affirms the Madison Circuit Court’s order terminating father C.D.’s parental rights to S.L.D. Finds the trial court’s finds of fact are supported by evidence. Also finds the Department of Child Services presented sufficient evidence to demonstrate that the reasons for the child’s removal or continued placement outside the father’s care will not be remedied. Finally, finds the trial court did not err when it terminated the father’s parental rights.

Allen D. Montgomery v. United Church Residences of Indianapolis, IN, Inc. dba Capitol Station (mem. dec.)
22A-EV-2136
Eviction. Affirms the Perry Township Small Claims Court’s order granting United Church Residences’ petition for emergency possession of the rental property occupied by Allen Montgomery. Finds Montgomery waived his claims on appeal by failing to comply with the briefing requirements of the Appellate Rules. Also finds, waiver notwithstanding, there is no merit to his assertions that the small claims court lacked jurisdiction and clearly erred when it granted the landlord’s request.

Thomas A. May v. State of Indiana
22A-CR-2220
Criminal. Affirms Thomas A. May’s sentencing enhancement and his aggregate sentence of 23 years for Level 5 felony intimidation, Level 6 felony pointing a firearm and Level 6 felony neglect of a dependent. Finds sufficient evidence supports the imposition of an additional fixed term of imprisonment for use of a firearm. Also finds May has not proven that his sentence is inappropriate.

In re the Termination of the Parent-Child Relationship of N.R. and L.H. (Minor Children) and S.H. (Mother) v. Indiana Department of Child Services (mem. dec.)
22A-JT-2918
Juvenile termination of parental rights. Affirms the termination of mother S.H.’s parental rights. Finds the Floyd Circuit Court did not base its decision on historical facts only, but instead made findings regarding the family situation during the child in need of services and termination proceedings as well as at the time of the termination hearing. Also finds the trial court’s findings were supported by the evidence. Finally, finds the trial court did not demand complete recovery but made findings regarding S.H.’s effort to complete services and maintain a relationship with children N.R. and L.H. when determining whether to terminate her parental rights.

Adam I. Jackson v. State of Indiana (mem. dec.)
22A-CR-3055
Criminal. Affirms Adam Jackson’s sentence for Level 5 felony theft and Level 6 felony resisting law enforcement. Finds the Bartholomew Superior Court did not abuse its discretion when sentencing Jackson, nor is his three year sentence is not inappropriate in light of the nature of the offenses or his character.