Opinions Dec. 2, 2016

December 2, 2016

Indiana Court of Appeals
First American Title Insurance v. Stephen W. Robertson, Insurance Commissioner of the state of Indiana, in his official capacity, on behalf of the Indiana Department of Insurance
Civil plenary. Affirms the Marion Superior Court’s dismissal of First American Title Insurance Co.’s complaint against Stephen Robertson, in his official capacity as Indiana insurance commissioner. Finds that the trial court properly granted IDOI’s motion to dismiss because FATIC’s claims are barred by res judicata.

Beth Montgomery v. State of Indiana (mem. dec.)
Criminal. Affirms Beth Montgomery’s conviction of neglect of a dependent resulting in death as a Level 1 felony. Finds that the admittance of her statement to law enforcement officers as evidence was not error and that there was sufficient evidence to sustain her conviction.

Hollis Lloyd v. State of Indiana (mem. dec.)
Criminal. Affirms Hollis Lloyd’s conviction of Class A misdemeanor possession of marijuana. Finds that the Marion Superior Court did not commit fundamental error in instructing the jury.

In the Termination of the Parent-Child Relationship of: I.C. and Z.S., minor children, and C.S., Mother v. The Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of C.S.’s parental rights to her two minor children. Finds that the Department of Child Services presented clear and convincing evidence that there is a reasonable probability that the continuation of the parent-child relationship poses a threat to I.C.’s well-being and that C.S. has not established that she was denied a fair trial.

Stephani Merrell v. State of Indiana (mem. dec.)
Criminal. Affirms Stephani Merrell’s conviction of refusal to provide identification as a Class C misdemeanor. Finds that the evidence is sufficient for a trier of fact to infer that Merrell knowingly or intentionally refused to provide identification to a police officer.

Gary Chavez v. State of Indiana (mem. dec.)
Criminal. Affirms Gary Chavez’s conviction of murder. Finds that there was sufficient evidence for a reasonable fact-finder to conclude beyond a reasonable doubt that Chavez intentionally killed Kim Chavez and that his 65-year sentence for murder is appropriate in light of the egregious way he murdered his estranged wife.