Opinions Sept. 13, 2017

September 13, 2017

Indiana Court of Appeals
Larry Warren v. Carl L. Epstein (mem. dec.)
Civil tort. Affirms the grant of summary judgment in favor of Carl L. Epstein in Larry Warren’s action against Epstein for legal malpractice. Finds Warren’s complaint for legal malpractice was not filed within the statute of limitations and, therefore, is time barred.

Mary and Ronald McDaniel, Individually and as Administrators of the Estate of Christopher L. McDaniel, Deceased v. Stephen W. Robertson, Commissioner of the Indiana Department of Insurance (mem. dec.)
Civil plenary. Affirms the Marion Superior Court’s judgment on Mary and Ronald McDaniel’s petition for excess damages from the Indiana Patient’s Compensation Fund. Finds the expert testimony of Dr. Martin Tobin did not constitute an impermissible new argument on the issue of liability but was, instead, permissible evidence on the issue of damages. Also finds the trial court did not abuse its discretion when it admitted Tobin’s video deposition testimony into evidence. Finally, finds the trial court did not err when it gave weight to Tobin’s testimony.

Chase E. Mourey, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms Chase E. Mourey Jr.’s conviction of Level 6 felony assisting a criminal and his sentence to 910 days, with 545 days served on home detention and 365 days suspended to probation. Finds the state presented sufficient evidence to sustain Mourey’s conviction. Also finds Mourey has failed to carry his burden of establishing his sentence is inappropriate in light of the nature of the offense and his character.

Diego A. Ramos v. State of Indiana (mem. dec.)
Criminal. Affirms Diego A. Ramos’ sentence to 2 ½ years for his conviction of synthetic identity deception as a Level 6 felony and counterfeiting government documents as a Class A misdemeanor. Finds the facts are not conclusive as to Ramos’ ability to pay fees or part of the costs of representation by assigned counsel, so the trial court erred in failing to hold a hearing or make the necessary inquiry regarding his indigency or ability to pay as statutorily required. Also finds Ramos has not sustained his burden of establishing his concurrent sentences are inappropriate in light of the nature of the offense and his character. Remands with instructions to hold a hearing on Ramos’ ability to pay.

In the Matter of the Paternity of K.B.F., C.C. v. M.F. (mem. dec.)
Juvenile paternity. Affirms the Tippecanoe Circuit Court’s order granting M.F.’s motion to modify custody of his child, K.B.F., with C.C. Finds because C.C. did not meet her initial burden of showing her proposed relocation was made in good faith and for a legitimate reason, the burden did not shift to M.F. to show the proposed relocation is not in the best interest of K.B.F. and the trial court did not abuse its discretion in denying C.C.’s request to relocate. Finds sufficient evidence was presented on the statutory factors to support the trial court’s decision that modification of custody in favor of M.F. was in K.B.F.’s best interests.

Jacqueline R. Parke v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Jacqueline R. Parke’s probation and the order that she serve the remainder of her previously suspended nine-year sentence in the Department of Correction. Finds the Madison Circuit Court had ample support for its decision to revoke Parke’s probation. Also finds the trial court’s order that Parke complete her sentence in DOC is not clearly against the logic and effect of the facts and circumstances.

Keith A. Hoglund v. Michael Lautzenheiser, Sr., and Kenton Kiracofe (mem. dec.)
Small claims. Affirms the dismissal of Keith A. Hoglund’s small claims notice of claim. Finds that to the extent Hoglund failed to cite to relevant authority or relevant portions of the record or develop an argument with respect to the issues he attempts to raise on appeal, those arguments are waived. Also finds Hoglund did not develop a cogent argument that he had presented a prima facie case.

Pierre Patrick Williams v. State of Indiana (mem. dec.)
Criminal. Affirms Pierre Patrick Williams’ conviction for operating a vehicle while intoxicated as a Level 6 felony. Finds evidence of probative value exists from which the St. Joseph Superior Court as the trier of fact could find that Williams was intoxicated and could have found him guilty beyond a reasonable doubt.

Samandar Reeckmann a/k/a Samandar Leaitu Reeckmann v. Clarence Wolfe, Jr. and Jan Wolfe (mem. dec.)
Civil plenary. Affirms the denial of Samandar L. Reeckmann’s motion to set aside the default judgment entered against him on Clarence and Jan Wolfe’s claims of damages and loss of consortium. Finds Reeckmann has waived his claim relating to personal jurisdiction as he submitted himself to the jurisdiction of the Vanderburgh Superior Court and agreed to a garnishment order. Also finds Reeckmann failed to affirmatively demonstrate any extraordinary circumstances which would justify relief under Trial Rule 60(B)(8), so he failed to demonstrate the trial court abused its discretion by denying his request to set aside default judgment.

Schuyler Stewart v. State of Indiana (mem. dec.)
Criminal. Affirms Schuyler Stewart’s conviction of Class B misdemeanor criminal mischief. Finds the state presented sufficient evidence to support Stewart’s conviction.