Opinions Sept. 30, 2019

Indiana Court of Appeals
Heather Stone v. Doyle T. Wright and The City of Clinton, Indiana
18A-CT-3151
Civil tort. Affirms the dismissal of Heather Stone’s second amended complaint against Doyle Wright and the city of Clinton, as well as the denial of her motion for leave to file a third amended complaint. Finds the Vermillion Circuit Court did not err in dismissing her second complaint. Also finds the trial court did not abuse its discretion in denying Stone’s second motion for leave to file a third amended complaint.

Patrick Humphrey v. U.S. Xpress, Inc., et al.
19A-CT-721
Civil tort. Reverses the award of damages to Patrick Humphrey in a personal injury case against U.S. Xpress and Brian Tuck that resulted in Humphrey being awarded $40,000 in damages. Finds the Jackson Superior Court erred when it gave an instruction on Humphrey’s duty to mitigate damages. Remands for a new trial on damages.

Marty V. Straw v. State of Indiana
19A-CR-934
Criminal. Reverses the Allen Superior Court’s order that Marty Straw register as a sex offender as a condition of his probation following his conviction of Level 6 felony voyeurism. Finds the trial court abused its discretion. Remands with instructions for the trial court to remove the sex offender registration requirement as a condition of Straw’s probation.

In re the Matter of: Z.R. (Child in Need of Services) and D.S. (Mother) v. Indiana Department of Child Services and Child Advocates, Inc. (mem. dec.)
19A-JC-720
Juvenile CHINS. Reverses the Marion Superiors Court’s determination that D.S.’s minor child Z.R. is a child in need of services. Finds the juvenile court’s CHINS determination is clearly erroneous. Remands to the juvenile court to vacate the CHINS finding as to Z.R.

In re the Paternity of A.H., Minor Child, D.H. v. K.M. (mem. dec.)
19A-JP-442
Juvenile paternity. Affirms the Johnson Circuit Court’s order regarding the custody of child, A.H. Finds the trial court’s findings and conclusions are not clearly erroneous. Also finds the trial court did not err in granting joint physical custody to mother K.M. and father D.H. and in granting mother legal custody.

David Dobson v. State of Indiana (mem. dec.)
19A-CR-522
Criminal. Affirms David Dobson’s conviction for Class A misdemeanor conversion. Finds there is sufficient evidence to support the conviction.

Melvin Brett Randall and Matthew Jacob Randall, Individually and d/b/a Randall Jeep and Auto Sales v. Automotive Finance Corporation (mem. dec.)
19A-CC-100
Civil collection. Affirms the Marion Superior Court’s grant of summary judgement to Automotive Finance Corporation. Finds there is no error in the trial court’s entry of summary judgment against Melvin Brett Randall and Matthew Jacob Randall individually and doing business as Randall Jeep and Auto Sales.

Bobby Dee Allen v. State of Indiana (mem. dec.)
19A-CR-139
Criminal. Remands Bobby Allen’s Level 6 felony operating a vehicle while intoxicated and Level 6 felony operating a vehicle with an alcohol concentration equivalent of .08 or more convictions to the Marion Superior Court to vacate the operating while intoxicated conviction and to correct the sentencing order, abstract of judgment and chronological case summary to reflect only a conviction for operating with an ACE of .08 or more. Finds remands is necessary because the oral and written sentencing statements conflict.

In the Matter of L.B., I.B., O.B., and L.S., Minor Children Alleged to be Children In Need of Services; D.B. (Mother) v. Indiana Department of Child Services, and Child Advocates, Inc. (mem. dec.)
19A-JC-681
Juvenile CHINS. Affirms the Marion Superior Court’s adjudication of mother D.B.’s children, L.B., I.B., O.B. and L.S., as children in need of services. Finds sufficient evidence to support the adjudication and the order for D.B. to participate in services. Also finds D.B. failed to direct the court to evidence that L.S.’s father is a member or is eligible for membership in an Indian tribe or that his father is a member of a tribe under the Indian Child Welfare Act.

Elton Maurice Funches, Jr. v. State of Indiana (mem. dec.)
19A-CR-138
Criminal. Affirms Elton Maurice Funches Jr.’s convictions for Level 4 felony unlawful possession of a firearm by a serious violent felon and Level 6 felony dealing in a synthetic drug. Finds Funches’ rights under the Fourth Amendment, Article 1, Section 11 of the Indiana Constitution, and Indiana Code § 35-33-5-2 were not violated by the admission of evidence obtained pursuant to a search warrant that he alleged was unsupported by probable cause. Also finds the trial court did not clearly err in finding the state’s reasons for striking the only black juror was not a pretext for intentional discrimination.

Robert S. Potter, II v. State of Indiana (mem. dec.)
19A-CR-1040
Criminal. Affirms Robert S. Potter II’s sentence for his convictions of Level 6 felony unlawful possession of a syringe and Class B misdemeanor possession of marijuana. Finds his two-year sentence for the Level 6 felony is not inappropriate.

R.C. v. State of Indiana (mem. dec.)
19A-JV-800
Juvenile. Affirms the St. Joseph Probate Court’s award of guardianship over minor R.C. to the Department of Correction. Finds the juvenile court did not abuse its discretion when it awarded guardianship over him to the DOC.

Robert S. Potter, II v. State of Indiana (mem. dec.)
19A-CR-1050
Criminal. Affirms Robert S. Potter II’s sentence for his convictions of Level 6 felony unlawful possession of a syringe, Class A misdemeanor resisting law enforcement and Class C misdemeanor possession of paraphernalia. Finds his two-year sentence for the Level 6 felony is not inappropriate.

Jeremy Holland v. State of Indiana (mem. dec.)
18A-CR-2155
Criminal. Affirms Jeremy Holland’s convictions of felony murder, Level 3 felony aiding, inducing or causing criminal confinement, and Level 4 felony unlawful possession of a firearm by a serious violent felony. Finds the challenged evidence was merely cumulative, the admission of which was harmless, and the Delaware Circuit Court properly vacated Holland’s lesser conviction.

X.D. v. State of Indiana (mem. dec.)
19A-JV-896
Juvenile. Affirms the Putnam Circuit Court’s dispositional order and determination that X.D. committed acts of intimidation that would constitute Class A misdemeanors if committed by an adult. Finds the state presented evidence of a probative nature from which a reasonable trier of fact could find that X.D. committed acts that would constitute Class A misdemeanors if committed by an adult. Also finds the dispositional order did not incorporate any finding or conclusion from the predispositional report. Remands for the dispositional order to be amended to include the written findings and conclusions as required by Indiana Code § 31-37-18-9.

In the Termination of the Parent-Child Relationship of: Chl.M. and Cha.M. (Minor Children) And C.M. (Father) v. Indiana Department of Child Services (mem. dec.)
19A-JT-784
Juvenile termination of parental rights. Affirms the Madison Circuit Court’s order involuntarily terminating father C.M.’s parental rights to children, Chl.M and Cha.M. Finds the Indiana Department of Child Services presented sufficient evidence to support the trial court’s conclusion that there is no reasonable probability that the conditions that resulted in the children’s removal and continued placement outside father’s care and custody will be remedied.

Gabriel E. Hallman v. State of Indiana (mem. dec.)
19A-CR-426
Criminal. Affirms the Tippecanoe Superior Court’s judgment against Gabriel Hallman for his conviction of Level 1 felony neglect of a dependent and sentence for 39 years executed. Finds the trial court did not abuse its discretion in the admission of testimony, and Hallman waived his claim of fundamental error during the state’s closing argument. Also finds the state presented sufficient evidence to support Hallman’s conviction. Finally, finds the trial court did not abuse its discretion in sentencing Hallman, and his sentence is not inappropriate.

Terry Tripp v. State of Indiana (mem. dec.)
19A-CR-198
Criminal. Remands to the Marion Superior Court for clarification of Terry Tripp’s sentence following his guilty plea to Level 5 felony burglary, and his habitual offender enhancement. Finds remand is necessary for clarification and correction of the erroneous sentence and to impose a sentence consistent with the sentencing parameters.

James R. Munsey v. State of Indiana (mem. dec.)
19A-CR-742
Criminal. Affirms James Munsey’s conviction in Huntington Superior Court for Level 4 felony possession of methamphetamine. Finds Munsey’s argument regarding the inconsistency of the jury verdict fails. Also finds that to the extent Munsey contends his conviction was not supported by sufficient evidence, the issue is waived.

Jesslyn Powell v. State of Indiana (mem. dec.)
19A-CR-809
Criminal. Affirms Jesslyn Powell’s nine-year sentence imposed by the Jefferson Circuit Court following her guilty plea to Level 3 felony conspiracy to deal methamphetamine. Finds Powell has not met her burden of demonstrating that her sentence is inappropriate.

Anthony J. Williams v. State of Indiana (mem. dec.)
19A-CR-974
Criminal. Affirms Anthony J. Williams’ eight-year sentence following, with five years in community corrections home detention and three years suspended to probation, his conviction for Level 4 felony unlawful possession of a firearm by a serious violent felon. Finds Williams’ sentence is not inappropriate.

In the Matter of L.C. (Child in Need of Services) and R.C. (Father) v. Indiana Department of Child Services, and Child Advocates, Inc. (mem. dec.)
19A-JC-839
Juvenile CHINS. Affirms the Marion Superior Court’s adjudication of L.C. as a child in need of services. Finds the juvenile court’s findings are not contrary to the evidence and its conclusions of law are not clearly erroneous. Also finds the juvenile court did not abuse its discretion in removing L.C. from father R.C.’s care.

Jessica Curd v. Regina Harrington (mem. dec.)
18A-SC-2598
Small claims. Affirms the $6,500 judgment from Marion Small Claims Court, Wayne Township, against Jessica Curd for attacking Regina Harrington, scratching her face and causing permanent scarring. Finds there is sufficient evidence to support the judgment and award of damages.