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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowCourt of Appeals of Indiana
James Huspon v. State of Indiana (mem. dec.)
22A-PC-2853
Post-conviction relief. Affirms the Marion Superior Court’s denial of post-conviction relief to James Huspon. Finds Huspon’s 100-year sentence does not violate the Eighth Amendment. Also finds Huspon has failed to establish that his proffered evidence relating to juvenile brain development would result in a shorter sentence. Declines to address Huspon’s argument that his sentence violates Article 1, Section 16 of the Indiana Constitution because he did not raise an argument based on the nature of his offenses.
In the Termination of the Parent-Child Relationship of: Z.D. (Minor Child), and Q.S. (Father) v. Indiana Department of Child Services (mem. dec.)
23A-JT-539
Juvenile termination of parental rights. Affirms the Delaware Circuit Court’s involuntary termination of father Q.S.’s s parental rights to Z.D. Finds the trial court’s termination order was not clearly erroneous.
Juwan Williams v. State of Indiana (mem. dec.)
23A-CR-93
Criminal. Affirms Juwan Williams’ conviction of Level 5 felony resisting law enforcement and her 2½-year sentence. Finds the Brown Circuit Court did not abuse its discretion in finding that Williams failed to rebut the presumption that she had knowingly, voluntarily and intelligently waived her right to be present for trial. Also finds the trial court did not abuse its discretion in sentencing Williams.
Kevin Martin v. T. Wellington et al. (mem. dec.)
23A-CT-830
Civil tort. Affirms and reverses in part the dismissal of Kevin Martin’s lawsuit against T. Wellington and Sgt. Chilling. Finds Martin’s allegations were sufficient to notify Chilling of the substance of his claim, but the LaPorte Superior Court properly found that dismissal was warranted as to Wellington because Martin failed to allege any wrongdoing by Wellington. Also finds the trial court did not abuse its discretion in denying Martin’s motion for a default judgment. Finally, finds the trial court erred in allowing Martin to proceed in forma pauperis. Remands for further proceedings.
FED Investments, and Carolyn and William Moore v. Paula Basch-Austin, and Bruce Austin (mem. dec.)
22A-PL-3070
Civil plenary. Affirms the Hamilton Superior Court’s judgment in favor of Paula Basch-Austin and Bruce Austin on FED Investments and Carolyn and William Moore’s complaint for a declaratory judgment and injunctive relief. Finds the trial court properly determined that FED and the Moores failed to satisfy the requirements for injunctive relief. Also finds the trial court did not err in determining that the Austins are entitled to attorney fees. Remands for further proceedings.
Miracle Hurston v. Indiana Gaming Company, LLC d/b/a Hollywood Casino Lawrenceburg (mem. dec.)
23A-CT-800
Civil tort. Affirms the grant of Hollywood Casino Lawrenceburg’s motion to correct error, which reinstated the casino’s complaint against Miracle Hurston. Finds the ruling on the motion to correct error is a final appealable judgment. Also finds the Dearborn Superior Court properly exercised jurisdiction over Hurston. Finally, finds Hurston has failed to establish that it is clear on the face of the complaint that the casino is not entitled to relief.
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