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Opinions May 29, 2018

May 29, 2018

Indiana Court of Appeals
Jeffery Certa v. Steak 'n Shake Operations, Inc., Mikal Gillham, and Matthew Hulett

79A05-1708-CT-1873
Civil tort. Reverses the grant of summary judgment to Steak ‘n Shake. Finds Steak ‘n Shake owed a duty to Jeffery Certa, so the Tippecanoe Superior Court erred in granting summary judgment. Remands. 

D.H., a Minor, by Her Parent, A.M.J., and A.M.J. Individually v. Mary Whipple, and Robert Whipple (Deceased)
48A05-1706-CT-1345
Civil tort. Reverses the grant of summary judgment to Mary Whipple on the issue of negligence raised by D.H. and A.M.J. Finds genuine issues of material fact remain. Remands for further proceedings. 

Wayne and Donna Kirchgessner v. Betty Kirchgessner, Albert Kirchgessner, Norbert Kirchgessner, Marcella Kirchgessner, Stephen Kirchgessner, Mary Ann Lee, Fred Kirchgessner, et al.
10A01-1710-CP-2309
Civil plenary. Affirms the grant of Richard and Theresa Williams’ motion for relief from an October 1990 summary judgment motion. Finds the Williamses’ motion was not untimely.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of: N.C. (Minor Child) and T.C. (Father) v. The Indiana Department of Child Services (mem. dec.)
49A02-1712-JT-2846
Juvenile termination of parental rights. Affirms the termination of T.C.’s parental rights to N.C. Finds the termination order is not clearly erroneous. 

Larry Martin v. Gino Burelli (mem. dec.)
18A-MI-25
Miscellaneous. Remands the grant of Gino Burelli’s motion for preliminary injunction against Larry Martin. Finds the Porter Superior Court’s findings are inadequate to permit appellate review of its order granting Burelli’s preliminary injunction. Remands with instructions for the trial court to make specific findings of fact and conclusions thereon.

Daryl Clifton Bradley v. State of Indiana (mem. dec.)
40A01-1710-CR-2310
Criminal. Affirms Daryl Bradley’s conviction for possession of at least 10 grams of methamphetamine with intent to deliver. Finds any error in the admission of evidence was harmless in light of the strength of the state’s other evidence. 

Gary Hanks v. State of Indiana (mem. dec.)
10A01-1712-PC-2780
Post-conviction. Affirms the denial of Gary Hank’s petition for post-conviction relief after he pleaded guilty to Class A felony child molesting and was sentenced to 55 years. Finds Hanks has not established his plea was involuntary. 

Garland P. Jeffers, Jr. v. State of Indiana (mem. dec.)
64A03-1710-CR-2324
Criminal. Affirms Garland P. Jeffers, Jr.’s conviction of Class B felony robbery. Finds the state presented sufficient evidence. 

Michael Young v. State of Indiana (mem. dec.)
71A04-1708-CR-1867
Criminal. Affirms Michael Young’s murder conviction. Finds the trial court did not abuse its discretion in allowing the state to present evidence that Markest Flowers had Bibles in his possession and citations to Bible verses written on his shoes when he was killed, and any error would have been harmless. Also finds the prosecutor did not commit fundamentally erroneous misconduct in his arguments to the jury. 

Tracey A. Hardy v. State of Indiana (mem. dec.)
20A03-1708-PC-1992
Post-conviction. Affirms the denial of Tracey Hardy’s petition for post-conviction relief. Finds the post-conviction court did not err. 

Joseph Chapo and Sherry Chapo v. Jefferson County Plan Commission (mem. dec.)
39A05-1612-CT-2840
Civil tort. Affirms the grant of the Jefferson County Plan Commission’s request for a preliminary injunction against Joseph and Sherry Chapo. Finds the evidence supports the Jefferson Circuit Court’s findings and the findings supports the trial court’s judgment. 

Markquan Lee v. State of Indiana (mem. dec.)
48A02-1712-CR-2988
Criminal. Affirms the finding the Markquan Lee violating a condition of his community corrections placement and the order for him to serve the remainder of his executed sentence in the Indiana Department of Correction. Finds the Madison Circuit Court did not err. 

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