Opinions Nov. 14, 2019

Indiana Court of Appeals
SGS North America Inc. v. Christine Mullholand, As Stockholder Representative of Cybermetrix, Inc., et al.
Civil plenary. Affirms the Marion Superior Commercial Court’s order confirming a $3,107,200 award plus interest to Christine Mullholand against SGS North America, Inc, which purchased her company Cybermetrix, Inc. Finds the designated auditor’s determination of the parties’ earnout dispute constitutes a binding arbitration award. Finds the trial court did not err in granting Mullholand’s application for confirmation of arbitration award and in denying SGS’s motion to dismiss her application for the same reasons.

Raul Hernandez-Velazquez, et al. v. Sondra Hernandez
Domestic relation. Affirms the Fountain Circuit Court’s finding that Raul Hernandez-Velazquez’s intent was fraudulent when he conveyed several properties to Elizabeth Barcaleta Santiago shortly before divorcing his wife, Sondra Hernandez. Finds Sondra is a creditor under the Uniform Fraudulent Transfer Act.

Donald A. Pierce v. State of Indiana
Post conviction. Majority affirms the Crawford Circuit Court’s denial of Donald Pierce’s petition for post-conviction relief from his child molesting conviction, finding Pierce did not meet his burden of showing that he was denied effective assistance of trial counsel. Judge L. Mark Bailey dissents, finding that Pierce met his burden by a preponderance of the evidence and is entitled to post-conviction relief.

In the Matter of the Termination of the Parent-Child Relationship of C.W. and J.C. (Minor Children) and J.W. (Father) v. The Indiana Department of Child Services (mem. dec.)
Juvenile termination. Affirms the termination of J.W.’s parental rights to his children J.C. and C.W. Finds that the Madison Circuit Court’s termination of his parental rights was not clearly erroneous.

Steven Matthew Quinones v. State of Indiana (mem. dec.)
Criminal. Affirms Steven Quinones’ 90-year sentence for conviction of murder, attempted murder and five counts of criminal recklessness. Finds there is sufficient evidence to support the conviction. Finds the sentence is not inappropriate in light of the nature of his offense and his character.

In the Matter of the Termination of the Parent-Child Relationship of D.H., Jr. and Ar.L. (Minor Children); An.L. (Mother) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination. Affirms the termiantion of An.L.’s parental rights to her minor children D.H., Jr. and Ar.L. Finds the Lake Superior Court did not err when it determined that DCS’s plan of adoption was satisfactory.

Clyde Nelson Magnum Kelley, III v. State of Indiana (mem. dec.)
Criminal. Affirms in part, reverses in part, remands with instructions to vacate Clyde Kelley’s convictions of Level 6 felony domestic battery and Class A misdemeanor resisting law enforcement. Finds his seven-year sentence is not inappropriate. Finds the Tippecanoe Superior Court did not abuse its discretion in sentencing Kelley.

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