Opinions Dec. 10, 2015

December 10, 2015

Indiana Court of Appeals
Ronald L. Eckelbarger v. State of Indiana
Criminal. Affirms convictions of three counts of Class B felony dealing in methamphetamine and one count of Class D felony possession of chemical reagents or precursors with intent to manufacture a controlled substance. Eckelbarger’s convictions do not violate double jeopardy, the trial court did not abuse its discretion by ordering consecutive sentences, and his 32-year sentence is not inappropriate. Judge Riley dissents in part.

Auto Liquidation Center, Inc., and Majid Zojaji (a/k/a Mike Zojaji), individually v. Jorge Chiqui Chaca
Civil plenary. Affirms $121,069.66 judgment against ALC and Zojaji on Chaca’s complaint alleging criminal conversion, assault, general damages and a violation of the Truth in Lending Act related to Zoaji’s repossession of Chaca’s car. Finds the damages awarded by the jury were not excessive. Remands for determination of appropriate amount of apellate attorney fees and costs to be awarded to Chaca.

State of Indiana v. Anthony Gaw
Civil plenary. Reverses order by Madison Circuit Court 5 granting Gaw relief from a child support decision entered by Madison Circuit Court 2. Court 5 lacked authority to hear Gaw’s request.

Yellow Book Sales and Distribution Company, Inc. v. JB McCoy Masonry Inc. and Robin J. Brooks
Civil collection. Reverses denial of Yellow Book Sales’ breach of contract claim seeking relief against Brooks for the unpaid balance of an advertising contract. The trial court erred in holding that Brooks was not personally liable to Yellow Book for the amount still owed by JB McCoy Masonry under the contract.

In the Matter of the Term. of the Parent-Child Relationship of: A.H. & B.H. (Minor Children) and G.H. (Mother) v. Ind. Dept. of Child Services (mem. dec.)
Juvenile. Affirms order terminating parental rights to two minor children.

Demario M. Loston v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of Class A misdemeanors battery and criminal trespass and aggregate two-year sentence.

Douglas Allen Bergfeld v. State of Indiana (mem. dec.)
Criminal. Affirms revocation of probation and imposition of previously suspended sentence.

Robert Noyd v. Billie (Noyd) Lavoie (mem. dec.)
Domestic relation. Affirms grant of mother’s petition for dissolution and custody of the children.

The Marriage of: Bernadette C. Jones, f/k/a Bernadette C. Brunson and Bennie Brunson (mem. dec.)
Domestic relation. Reverses grant of Bennie Brunson’s motion to compel Jones to assume the mortgage on a property the divorced couple previously shared. Remands for further proceedings.

E. Scott Treadway v. Stewart & Irwin, P.C., Mary Schmid, Ronald Smith, Donald Wray, Peter Kovacs, Jeffrey Halbert, James Brauer, Glenn Bowman, and Edward Bielski (mem. dec.)
Civil tort. Affirms summary judgment in favor of the defendants on Treadway’s lawsuit regarding fees owed from work on a case. The appeals court does not have jurisdiction over the partial judgment entered for Stewart & Irwin and the trial court appropriately granted summary judgment to the individual defendants.

Brent N. Draime v. State of Indiana (mem. dec.)
Criminal. Reverses denial of motion for bond reduction. Remands with instructions for the trial court to set a reasonable bail amount and explain how that amount is related to the relevant statutory factors.

Jamie Carson v. State of Indiana (mem. dec.)
Post conviction. Affirms Carson was not denied ineffective assistance of trial counsel, but his appellate counsel was ineffective for failing to argue that the sentences for attempted robbery and criminal confinement exceeded the consecutive sentencing statute. Remands to the trial court to enter a 55-year sentence.

Judy Kirby v. State of Indiana (mem. dec.)
Post conviction. Affirms denial of petition for post-conviction relief, concluding Kirby received effective assistance of counsel.

Thomas H. Molina v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of Class A felony child molesting, Class C felony child molesting, and Class D felony child solicitation.

Theressa Jones v. State of Indiana (mem. dec.)
Criminal. Vacates conviction of Class C felony reckless homicide and remands for a new trial.

Fredy R. Ticas v. State of Indiana (mem. dec.)
Criminal. Affirms sentence following guilty plea to Level 6 felony obstruction of justice.