Opinions November 16, 2022 – The Indiana Lawyer

Indiana Court of Appeals
In the matter of paternity of ARS (minor child); PMS vs TPW
22A-JP-529
teenage fatherhood. Confirms order to change custody of ARS in favor of mother TPW and give father PMS parental leave. Finds Warrick Superior Court did not abuse its discretion by changing custody. The trial court also finds that PMS was granted parental leave under the Indiana Parenting Time Guidelines.

In the matter of the marriage of: Olga Sims v John Daniel Sims
22A-DN-639
Domestic relationships, no children. Reverses the denial of Ms. Olga Sims’ request for correction of an error, filed after the Johnson Circuit Court denied her request for jurisdiction in an action for dissolution brought before a German court. Notes that the German court has not ruled on the merits of Sims’ application for the division of assets. Pre-trial detention for further proceedings.

Elizabeth McGhee vs. Roger Lamping
21A-DR-2745
domestic relationships. Confirms denial of Elizabeth McGhee’s motion for relief from judgment ordering Gibson Circuit Court to set aside two orders, both of which required McGhee to reimburse Roger Lamping for her share of the uninsured medical expenses of the parties’ daughters. Finds that the court did not abuse its discretion.

Lake County Board of Commissioners, et. Al. against Lake County Sheriff Oscar Martinez, Jr., in his official capacity
22A-PL-1559
Civic Plenary. Confirms partial summary judgment for Lake County Sheriff Oscar Martinez Jr. of his local county commissioners. Finds Martinez to have the authority to contract to care for local inmates as long as he spends funds within his approved budget. Also notes that the Lake Superior Court did not exceed its powers by ordering the commissioners and auditor to process, approve and pay bills presented by the sheriff related to the second 2022 healthcare provider contract. Pre-trial detention for further proceedings.

Shawn L. Beasley v. Harrison County Board of Commissioners
22A-CP-673
Civic Plenary. Dismisses Shawn L. Beasley’s appeal of an order finding that the Harrison County Board of Commissioners complied with the legal requirements in attempting to acquire property from Beasley for a road improvement project and that the offer to Beasley consisted of legal reasons in good faith. Finds that Beasley failed to timely file his appeal in violation of Indiana Code section 32-24-1-8(g).

Candace K. Hobbs v. Indiana State (mem. dec.)
22A-CR-96
Criminal. Dismisses Candace K. Hobbs’ appeal against her six-year sentence for a Level 4 methamphetamine possession conviction. Finds Hobbs’ plea agreement included a waiver of the right to appeal her verdict.

Lori Walton vs. Indiana State (mem. dec.)
22A-CR-1012
Criminal. Confirms conviction of Lori Walton on a Class A misdemeanor of drunk driving and endangering a person. Determines that there is enough evidence to support Walton’s conviction.

Brandan Joseph Esparza v Indiana State (mem. dec.)
22A-CR-1144
Criminal. Confirms the revocation of Brandan Esparza’s parole. Find sufficient evidence to support the retraction.

Zachary D. Gober v. Indiana State (mem. dec.)
22A-CR-1338
Criminal. Confirms Zachary D. Gober’s nine-year felony Level 4 sentence for leaving the scene of an accident. Does not consider the sentence unreasonable given the nature of the offense or its nature. Also notes that the Dearborn Superior Court did not abuse its discretion in sentencing.

Charles Yeager vs. Indiana State (mem. dec.)
22A-CR-1341
Criminal. Confirm Charles Yeager’s Level 6 sexual assault conviction. Find sufficient evidence to support the conviction.

Indiana State vs. Heather Anderson (Mem. Dec.)
22A-CR-1377
Criminal. Overturns Hendricks Superior Court amendment of Heather Anderson’s Class B incest felony judgment over prosecutor’s appeal. Finds trial court’s change of Anderson’s sentence illegal.

Automotive Finance Corporation v Bernard Kayiji (mem. dec.)
22A-CC-1393
Civil Collections. Overturns the Marion Superior Court’s approval of a motion for relief under Trial Rule 60(B)(8) by Bernard Kayiji in a dispute with the Automotive Finance Corporation. Notes that Bernard cannot use trial rule 60(B)(8) as a means to circumvent the one-year trial rule 60(B)(3) time limit under which his lawsuit was essentially filed. Also notes that Bernard has not filed an independent lawsuit alleging outside fraud or court fraud. Finally, notes that the trial court abused its discretion in granting Bernard’s request for discharge.

Felipe Pita-Salinas v. Indiana State (Mem. Dec.)
22A-CR-1493
Criminal. Confirms the sentence of Felipe Pita-Salinas to 10 years and 452 days, with 226 days served and the remainder served, for his Class B felony conviction of cocaine trafficking. Finds that the Bartholomew Supreme Court made no mistake in denying Pita-Salina’s request for prison credit.

Jimmy Joe Tomlin vs. Indiana State (mem. dec.)
22A-CR-1586
Criminal. Confirms the revocation of Jimmy Tomlin’s parole and an order that he serve four years of his previously suspended five-year sentence. Finds that the Fayette Circuit Court exercised its discretion.

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