Opinions May 24, 2018

May 24, 2018

Indiana Court of Appeals
Gerald G. Gray v. Medical Licensing Board of Indiana

Civil plenary. Affirms the denial of Dr. Gerald Gray’s petition for judicial review of a Medical Licensing Board of Indiana order indefinitely suspending his medical license. Finds substantial evidence supports the suspension.

In the Matter of the Marriage of: Bobbie Sales (f/k/a Bobbie Herron) v. Richard Allen Moulder, Jr. (mem. dec.)
Domestic relation. Affirms and reverses in part the denial of Bobbie Sales’ petition for modification of custody and parenting time for her children, K.M. and R.M. Finds the Hamilton Superior Court did not err in denying Sales’ petition. Also finds explicit findings were not made as to whether Sales’ parenting time posed a danger to the children’s physical or mental health, and that nothing in the trial court’s order precludes Sales from asking the court to provide alternate access to the children’s educational records. Finally, finds no evidence to support the trial court’s conclusion that Sales should pay Richard Allen Moulder, Jr. $133 per week in child support. Remands to the trial court the question of whether parenting time with Sales would endanger the children’s physical health or significantly impair their emotional development, and to reinstate the child support order that was in place prior to the instant modification.
State of Indiana v. Deana Lane Gaddy (mem. dec.)
Criminal. Reverses the grant of Deana Lane Gaddy’s motion to suppress. Finds the grant of Gaddy’s motion constituted a prima facie error.

John Lee Couch v. State of Indiana (mem. dec.)
Criminal. Affirms the restitution order entered against John Lee Couch following his conviction of criminal mischief and disorderly conduct, both as Class B misdemeanors. Finds Couch invited any alleged error and has waived his appellate challenge to the restitution.
Curtis Pearman v. Andrew Alexander Szakaly (mem. dec.)
Civil collection. Affirms the grant of Andrew Alexander Szakaly’s motion for judgment on the pleadings in Curtis Pearman’s legal malpractice action. Finds the Johnson Superior Court did not err because Pearman’s complaint was time-barred.

Jared Wayne Jessie v. State of Indiana (mem. dec.)
Criminal. Affirms the order for Jared Jessie to serve the balance of his sentence in the county jail for his conviction of Class D felony possession of synthetic marijuana after he admitted to violating the terms of his probation. Finds the Benton Circuit Court did not abuse its discretion.

John Reno v. Dennis O. Hamilton, Cathy A. Hamilton, Stephen Wayne Bell II, Stephanie L. Bell, Stacie L. Bell, Sonia K. Bell-Brenizer (mem. dec.)
Civil plenary. Affirms the trial court’s ruling that John Reno was not entitled to quiet title in a parcel of real estate. Finds the Henry Circuit Court’s judgment is not contrary to law.

Brittani Whitlock v. State of Indiana (mem. dec.)
Criminal. Affirms Brittani Whitlock’s convictions of two counts of Level 6 felony intimidation. Finds there was sufficient evidence to support Whitlock’s convictions.

In the Matter of the Termination of the Parent-Child Relationship of A.B., Father, and B.B. Minor Child, A.B. v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of A.B.’s parental rights to his minor child, B.B. Finds the juvenile court’s termination order was not clearly erroneous.

In the Matter of A.K., A Child in Need of Services, N.K., Father v. Indiana Department of Child Services and Child Advocates, Inc. (mem. dec.)
Juvenile CHINS. Affirms the adjudication of N.K.’s child, A.K., as a child in need of services. Finds sufficient evidence supported the juvenile court’s determination that A.K. was a CHINS.

Dominic F. Tripoli v. State of Indiana (mem. dec.)
Criminal. Affirms Dominic F. Tripoli’s conviction of Class A misdemeanor invasion of privacy. Finds any error in the admission of evidence was harmless.