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Opinions Aug. 2, 2018

August 2, 2018

Indiana Court of Appeals
In Re: The Adoption of S.M.S., F.V. v. J.S. and A.S. (mem. dec.)

18A-AD-517
Adoption. Affirms the adoption of S.M.S. to grandparents J.S. and A.S. Finds the Clinton Circuit Court did not err in concluding that F.V. impliedly consented to the adoption. Finds the adoption is in the best interest of S.M.S. and not clearly erroneous.

Kayla Owens v. Amanda Caudillo and State Farm Mutual Automobile Insurance Co. (mem. dec.)
45A05-1712-CT-2934
Civil tort. Affirms the Lake Superior Court’s grant of summary judgment to State Farm against Amanda Caudillo. Finds State Farm was entitled to judgment on the evidence as Kayla Owens failed to prove one of the essential elements of her claim against State Farm. Judge John Baker dissents with a separate opinion.

Dectrick Price v. State of Indiana (mem. dec.)
49A02-1712-CR-2858
Criminal. Affirms Dectrick Price’s convictions of two counts of Level 1 felony child molesting and one count of Class A misdemeanor intimidation. Finds any error in the admission of the recorded interview was harmless.

Thomas N. Hite III v. State of Indiana (mem. dec.)
48A02-1712-CR-2947
Criminal. Affirms Thomas Hite III’s convictions of Level 5 felony domestic battery and battery. Finds the Madison Circuit Court erred when it sentenced Hite. Remands for the court to enter a sentencing order that complies with Indiana Code sections 35-50-1-2 and 35-50-2-8.

Terry L. Balz v. Claims Professional Representatives, LLC (mem. dec.)
10A04-1711-CT-2816
Civil tort. Affirms the Clark Circuit Court’s grant of summary judgment in favor of Claims Professional Representatives, LLC. Finds the trial court did not err and Balz’s claims each fail as a matter of law.

Ricky J. Thurston v. State of Indiana (mem. dec.)
49A02-1710-PC-2279
Post-conviction relief. Affirms the Marion Superior Court’s denial of Ricky Thurston’s petition for post-conviction relief. Finds that Thurston was not denied the effective assistance of counsel and that the post-conviction court’s denial of relief was proper.

 

 

 

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