Opinions — June 13, 2018

June 13, 2018

Indiana Court of Appeals
Brian K. Wynne v. Tyson Burris and Brian K. Alsip

Small claims. Affirms claims brought by Brian Wynne against Tyson Burris and Burris’ attorney,  Brian K. Alsip, were in bad faith. Finds trial court did not abuse its discretion by admitting evidence from recorded jail telephone calls made by Wynne. Finds evidence showed Wynne gave his girlfriend actual authority to act as his agent regarding settlement with Burris, and the trial court did not err in rejecting Wynne’s self-representation and negligence claims against Alsip.

In the Matter of the Termination of the Parent-Child Relationship of P.P., K.P., and B.P., Minor Children, J.J., Mother v. The Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the trial court did not err in the involuntary termination of parental rights of mother J.J. from her three minor children.

Andrea K. Brown v. State of Indiana (mem. dec.)
Criminal. Affirms Andrea Brown’s two concurrent two-year sentences for level 6 felony convictions of possession of cocaine or a narcotic drug and possession of a hypodermic syringe or needle. Concludes the nature of Brown’s crimes and her character rendered the imposition of concurrent sentences appropriate.

Walbert W. Ferguson v. Teresa Green (mem. dec.)
Civil plenary. Affirms the trial court's denial of Walbert Ferguson's motion for summary judgment and reverses its grant of summary judgment in favor of Teresa Green. Because the case is laden with questions of fact, summary judgment for either party was inappropriate. Remands for proceedings.

State of Indiana v. Andrew Her (mem. dec.)
Criminal. Reverses the trial court's grant of a motion to suppress evidence obtained from a vehicle search in which a police canine indicated the presence of marijuana, resulting in possession of marijuana charges. The suppression was contrary to law. Remands for proceedings.

In Re: the Matter of A.M. (Minor Child), A Child in Need of Services, and, J.J. (Mother) v. The Indiana Department of Child Services (mem. dec.)
Juvenile CHINS. Affirms the trial court order finding mother J.J.'s child, A.M., to be a child in need of services. The evidence supports the CHINS determination. Judge Rudolph Pyle dissents without separate opinion.

Paul E. Reese Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms Paul E. Reese Jr.'s 11/2-year sentence for conviction of Level 6 felony resisting law enforcement by fleeing in a vehicle. The sentence is not inappropriate in light of the nature of the offense and Reese's character.

Enedeo Rodriguez, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms Enedeo Rodriguez, Jr.’s 32-year sentence for conviction of Level 2 felony dealing in methamphetamine and Level 5 felony corrupt business influence. Finds sufficient evidence to support the conviction, and the trial court did not violate Rodriquez’s right to a speedy trial or err in denying a motion to sever the charges against him. Concludes his sentence is not inappropriate.

Thomas Tracy v. State of Indiana (mem. dec.)
Criminal. Affirms Thomas Tracy’s conviction of Level 3 felony aggravated battery and 12-year sentence in the Indiana Department of Corrections. Finds the court properly admitted Tracy’s voluntary statement; properly rejected his proposed self-defense instruction; properly excluded evidence that the victim had synthetic marijuana in his possession during the incident; and the deputy prosecutor did not commit prosecutorial misconduct.

First National Bank of Illinois v. Blaine O'Neill-Perez (mem. dec.)
Civil Tort. Affirms the denial of First National Bank of Illinois’ motion to set aside default judgment and damages of $75,000 in favor of Blaine O’Neill-Perez. O’Neill-Perez filed a negligence complaint against FNBI after suffering injuries on property allegedly owned by the bank. Finds FNBI is not entitled to relief under Trial Rule 60(B)(1).

Kyle Baker v. State of Indiana (mem. dec.)
Criminal. Appeals Kyle Baker’s 45-year sentence for conviction of Level 2 felony voluntary manslaughter and an enhancement for committing the underlying offense with a firearm. Finds the trial court properly refused Baker’s tendered jury instruction regarding reckless homicide and did not abuse its discretion in his sentencing, which is not inappropriate.