Opinions March 4, 2021

Indiana Court of Appeals
Benjamen P. Chastain v. State of Indiana
Criminal. Affirms Benjamen Chastain’s sentence to the maximum 23 years, all executed in the Department of Correction, for his conviction of Class B felony child molesting. Finds the Orange Circuit Court did not abuse its discretion in sentencing Chastain, and his sentence is not inappropriate in light of the nature of the offense and Chastain’s character.

In re: The Adoption of W.K. IV and I.K., W.K. III v. T.M.
Adoption. Reverses the order finding father W.K. III’s consent to the adoption of his children by their stepfather is not required. Finds that it would defy logic to allow father’s alleged one-year period of no communication in 2013 to overcome his more recent regular exercise of parenting time with the children, and to allow his alleged one-year period of not supporting the children in 2013 and 2014 to overcome his more recent support of the children. Finally, finds the Hamilton Superior Court erred in finding father unfit.

Albanese Confectionery Group, Inc. v. Bernadette Cwik
Civil tort. Affirms and reverses in part the denial of Albanese Confectionery Group’s motion for summary judgment in a dispute with former employee Bernadette Cwik. Finds Cwik entered into a valid, enforceable agreement permitting Albanese to reset her smartphone. Also finds there are genuine issues of material fact precluding summary judgment on Albanese’s counterclaim for attorney fees. Remands to the Lake Superior Court with instructions to enter summary judgment for Albanese on all of Cwik’s claims and for further proceedings.

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