Opinions Sept. 18, 2023

Court of Appeals of Indiana
Meleeka Clary-Ghosh, et al. v. Michael Ghosh (mem. dec.)
22A-PL-1411
Civil plenary. Affirms in part a trial court’s judgment in favor of Michael Ghosh. Reverses the trial court’s order that Meleeka Clary-Ghosh and another party pay Ghosh $31,000 in attorney fees. Finds the Hamilton Superior Court properly denied a joint motion to dismiss, and there was sufficient evidence to support the trial court’s denial. Also finds no error in the substance or the form of the trial court’s award of punitive damages; no error in a denial of a motion for change of venue; and no error in the trial court’s denial of a motion for summary judgment. Finally, the UFTA does not authorize the award of attorney fees.

Thomas Behling, Sr. v. Joyce Behling (mem. dec.)
23A-DC-282
Domestic relations with children. Affirms orders denying Thomas Behling’s motions. Finds the Morgan Circuit Court did not abuse its discretion. Judge Terry Crone dissents with separate opinion.

State of Indiana v. Nathan C. Flack (mem. dec.)
23A-CR-402
Criminal. Reverses the trial court’s dismissal with prejudice. Finds the Dubois Circuit Court properly dismissed the indictment against Nathan Flack upon the state’s request but that the order improperly included language prospectively barring the state from refiling any of the dismissed charges. Remanded for entry of an order of dismissal without prejudice.

Charles J. Miles III v. State of Indiana (mem. dec.)
23A-CR-673
Criminal. Affirms Charles Miles’ six-year sentence for Level 5 domestic battery and Class B criminal mischief. Finds the sentence from the Elkhart Superior Court is not inappropriate.

Amy R. Ravellette v. State of Indiana (mem. dec.)
23A-CR-469
Criminal. Affirms the denial of Amy Ravellette’s motion for discharge. Finds the Vigo Superior Court did not err in ordering a continuance of her trial.

David Powers, II v. State of Indiana (mem. dec.)
22A-CR-1991
Criminal. Affirms David Powers’ convictions for child molesting. Finds the incredible-dubiosity doctrine does not apply. Also finds no double-jeopardy issue in the LaPorte Circuit Court’s decision to not vacate some convictions.

Tyler Newby v. State of Indiana (mem. dec.)
22A-CR-2900
Criminal. Affirms Tyler Newby’s conviction for Level 5 felony reckless homicide. Finds sufficient evidence in the Marion Superior Court to support the conviction.

Chaznee N. Mockabee v. State of Indiana (mem. dec.)
23A-CR-797
Criminal. Affirms Chaznee Mockabee’s conviction for Class A battery. Finds sufficient evidence in the Marion Superior Court to support the conviction.

Luis Eduardo Posso, Jr. v. State of Indiana (mem. dec.)
22A-CR-2602
Criminal. Affirms Luis Posso Jr.’s 65-year sentence after he pleaded guilty to murder. Finds the sentence from the Monroe Circuit Court is not inappropriate in light of the nature of the offense and his character.

Timothy Wicker v. State of Indiana (mem. dec.)
23A-CR-572
Criminal. Affirms Timothy Wicker’s 50-year sentence for child molesting after he did not show up for a two-day jury trial. Finds the Noble Circuit Court did not abuse its discretion in conducting Wicker’s trial in his absence.

In the Matter of: S.S. (Minor Child), And Ste.S (Father) v. Indiana Department of Child Services (mem. dec.)
23A-JC-694
Juvenile CHINS. Affirms the adjudication of S.S. as a child in need of services. Finds the Marion Superior Court did not abuse its discretion by ordering the father to participate in and successfully complete the Father Engagement program.

In the Matter of the Termination of the Parent-Child Relationship of M.T., Mother, A.M., Jr., Father, and A.M. and M.M., Children, M.T. and A.M., Jr. v. Indiana Department of Child Services (mem. dec.)
23A-JT-434
Juvenile termination of parental rights. Affirms the termination of M.T.’s and A.M. Jr’s parental rights. Finds the Grant Superior Court’s conclusion that there was a reasonable probability that the conditions which resulted in the children’s removal and continued placement outside the home would not be remedied was supported by sufficient evidence. Also finds the trial court’s conclusion that termination of the parents’ parental rights was in the children’s best interests was supported by clear and convincing evidence.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of: N.H. (Minor Child) and D.H. (Father) v. Indiana Department of Child Services (mem. dec.)
23A-JT-649
Juvenile termination of parental rights. Affirms the termination of D.H.’s parental rights. Finds the Fountain Circuit Court did not violate the father’s due process rights by conducting the final TPR hearing in his absence.

In the Matter of the Civil Commitment of: R.M. v. Oaklawn Psychiatric Hospital (mem. dec.)
23A-MD-774
Mental health. Dismisses R.M.’s appeal of an involuntary, temporary order committing him to outpatient treatment at Oaklawn Psychiatric Hospital. Finds the appeal in the Elkhart Superior Court is moot and does not fall within an exception to the mootness doctrine.

John W. Thomas v. State of Indiana (mem. dec.)
21A-PC-122
Post conviction relief. Affirms the denial of John Thomas’ petition for post-conviction relief. Finds Thomas failed to meet the burden to meet his burden of showing that the Vigo Superior Court erred and has failed to show that he was deprived of a procedurally fair post-conviction proceeding.