Opinions Nov. 16, 2017

November 16, 2017

Indiana Court of Appeals
Kenny Purvis v. State of Indiana

Criminal. Affirms Kenny Purvis’ convictions for Level 6 felony theft, Level 6 felony conspiracy to commit theft and Level 5 felony corrupt business influence. Finds the evidence is sufficient to support Purvis’ convictions. Also finds Purvis’ sentence to an aggregate term of 12 years’ imprisonment is not inappropriate.

In the Matter of the Adoption of J.R.O. (Minor Child) J.O. (Father) v. A.T. and M.H.; et al.
Adoption. Reverses the Vanderburgh Superior Court’s determination that J.O.’s consent to the adoption of his child was irrevocably implied because he did not file a written motion to contest the adoption. Finds Indiana Code section 31-19-9-18 does not require the filing of a written motion to contest an adoption and that J.O.’s counsel’s oral objection to the filing of the adoption petition was sufficient. Remands for further proceedings.

Midwest Equipment & Supply Co. v. James Garwood
Agency. Affirms James Garwood’s award of worker’s compensation benefits pursuant to the Worker’s Compensation Act. Finds the Worker’s Compensation Board did not err when it determined Garwood’s two bonuses should be considered earnings for purposes of calculating his average weekly wage. Also finds Garwood is entitled to an increased award. Remands with instructions to increase Garwood’s award by 5 percent.

Cathy M. Djuric v. Levy & Dubovich, and Judith A. Levy-Adler and Debra Lynch Dubovich (mem. dec.)
Civil collection. Affirms the grant of summary judgment in favor of Levy & Dubovich on its complaint against Cathy Djuric and in favor of the firm, Judith Levy-Adler and Debra Dubovich on Djuric’s counterclaim and third-party complaint against those parties. Finds the Lake Superior Court did not err by finding as a matter of law that the attorney fee agreement between Djuric and the firm was not orally modified, or by finding Djuric’s legal malpractice claims in the counterclaim and third-party complaint are time-barred.

Ervin Mapp v. State of Indiana (mem. dec.)
Criminal. Affirms Ervin Mapp’s conviction of Level 2 felony robbery. Finds the state produced sufficient evidence to sustain Mapp’s robbery conviction.

In Re: Adoption of R.J.B. and S.B.B., C.B. v. Z.C. (mem. dec.)
Adoption. Affirms the Hamilton Superior Court’s denial of C.B.’s objection to venue in Hamilton County for Z.C.’s petition to adopt C.B.’s children, R.J.B. and S.B.B. Finds C.B. did not raise the claim before contesting the adoption and did not raise it as an affirmative defense, so the issue is waived.

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

In Re: The Marriage of S.B. v. J.B. (mem. dec.)
Domestic relation. Affirms the Porter Superior Court’s decision to award physical custody of S.B. and J.B.’s child to J.B., the father, and denying S.B.’s request to relocate with the child. Finds the trial court adeptly complied with the Indiana Court of Appeals’ instructions on remand. Also finds the evidence is sufficient to support the trial court’s order.

State of Indiana v. Jason Hubler (mem. dec.)
Criminal. Reverses the Floyd Superior Court’s order suppressing evidence obtained from an investigation of whether Jason Hubler operated a vehicle while intoxicated, endangering a person, as a Class A misdemeanor and whether he operated a vehicle with an alcohol concentration equivalent of .15 or more, a Class A misdemeanor. Finds the police were not required to provide Hubler with Miranda warnings prior to observing evidence of his physical appearance and behavior at the scene of the accident because they did not interrogate him to obtain such evidence, and such evidence was not testimonial. Also finds there was probable cause for Officer Eric May to offer Hubler a chemical test.