Opinions Nov. 20, 2018

Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of Z.S., Minor Child, and F.S., Mother v. Indiana Department of Child Services, and Child Advocates, Inc. (mem. dec.)
18A-JT-1203
Juvenile termination of parental rights. Affirms the involuntary termination of F.S.’s parental rights to Z.S. Finds the Marion Superior Court did not err.

Kevin Jay Watkins v. State of Indiana (mem. dec.)
18A-CR-1153
Criminal. Affirms Kevin Jay Watkins’ convictions of two counts of murder and his aggregate 110-year sentence. Finds the Marion Superior Court did not err in the admission of evidence. Also finds Watkins’ sentence is not inappropriate in light of the nature of the offenses and his character.

Tyreoun D. Guy v. State of Indiana (mem. dec.)
18A-CR-1338
Criminal. Affirms the revocation of Tyreoun D. Guy’s probation. Finds the evidence was sufficient to support the Allen Superior Court’s finding of a probation violation. Also finds the trial court acted within its discretion in executing a portion of Guy’s previously suspended sentence.

William E. Morrison and Sonya Morrison v. Putnam County Commissioners, and Donald Richards (mem. dec.)
18A-PL-462
Civil plenary. Grants William and Sonya Morrison’s petition for rehearing for the limited purpose of addressing whether the trial court erroneously determined the Morrisons did not establish a prior non-conforming use of the property in question. Finds that, assuming the argument is not waived, there is no evidence besides a brief sentence in the record supporting the Morrisons’ assertion that the complained-of items on their property predated the relevant ordinances. Reaffirms the original decision in all other respects.

Charles Michael Fox v. Thomas Wilmer Fox (mem. dec.)
18A-SC-1055
Small claims. Affirms the dismissal of Charles Michael Fox’s small claims case wherein he alleged his brother, Thomas Wilmer Fox, embezzled $6,000 from Charles’ trust while serving as Charles’ guardian. Finds the Clark Circuit Court did not err in dismissing Charles’ small claims case on the basis that a guardianship proceeding resolved the embezzlement claim. Also finds Charles’ small claims embezzlement action was an impermissible attack on the guardianship adjudication. Finally, finds the probate court had exclusive jurisdiction over the guardianship.

Kip Seidenstucker v. Linda Ferguson (mem. dec.)
18A-CT-962
Civil tort. Affirms a $34,105.09 jury verdict in favor of Kip Seidenstucker after he was in a car crash with Linda Ferguson. Finds the Marion Superior Court did not abuse its discretion when it denied Seidenstucker’s motion in limine regarding the admission of the suspension of Dr. Robert Gregori’s medical license. Also finds the jury’s award of damages was within the evidence presented at trial, and the trial court did not abuse its discretion when it denied Seidenstucker’s motion to correct error.

Andrew D. Jackson, Pro Se and as Relator for the State of Indiana v. Florence Kobli; Michael Hrinyo (Personally and not as Whiting Building Commissioner); City of Whiting, Indiana; et al. (mem. dec.)
18A-CT-750
Civil tort. Affirms the grant of summary judgment in favor of Florence Kobli, Michael Hrinyo, Whiting City Court and Judge Ann P. Liens on Andrew D. Jackson’s complaint for alleged personal injuries and violations of constitutional rights and seeking an order of mandate against Whiting City Court and Likens. Finds the Lake Superior Court did not err.

Joshua Bergen v. State of Indiana (mem. dec.)
18A-CR-522
Criminal. Affirms Joshua Bergen’s 12-year executed sentence in the Department of Correction, consecutive with a two-year suspended sentence for another conviction, for his conviction of human trafficking of a minor as a Level 3 felony in Decatur Superior Court. Finds Bergen has not sustained his burden of establishing that his sentence is inappropriate in light of the nature of the offense and his character.
 
Ruth Gammons v. John Caleb Marling and Alyssa Marling (mem. dec.)
18A-PL-145
Civil plenary. Affirms the Jefferson Circuit Court’s denial of Ruth Gammons’ motion to set aside a default judgment in favor of John Caleb Marling and Alyssa Marling. Finds Gammons’ appellant’s brief, filed pro se, fails to comply in numerous respects with Indiana Appellate Rule 46, resulting in waiver of her claim.

Michael S. Robinson v. State of Indiana (mem. dec.)
18A-CR-1013
Criminal. Affirms Michael S. Robinson’s felony convictions. Finds the Howard Superior Court did not err in allowing the state to amend the charging information related to two counts against him.

Antwoin Richmond v. Drew Adams, Melissa Pine, and John Doe #1 (mem. dec.)
18A-CT-833
Civil tort. Reverses the summary dismissal of Antwoin Richmond’s pro se complaint against Drew Adams, Melissa Pin and John Doe #1. Finds Richmond had a right to amend his complaint, and the Marion Superior Court erred by failing to grant him leave to do so and then dismissing the original complaint for failure to state a claim. Remands to proceed under the amended complaint.

Gary Glaze v. State of Indiana (mem. dec.)
18A-CR-1100
Criminal. Affirms Gary Glaze’s conviction in Montgomery Superior Court of Level 6 felony battery resulting in moderate bodily injury. Finds the evidence was sufficient to support Glaze’s conviction.

J.B. v. State of Indiana (mem. dec.)
18A-JV-1118
Juvenile. Affirms J.B.’s placement in the Department of Correction after he was adjudicated delinquent for offenses that would be Level 6 felony theft of a firearm, Level 4 felony child molesting and Level 6 felony intimidation if committed by an adult. Finds the Vanderburgh Superior Court acted within its discretion in placing J.B. in the DOC. Remands for a more detailed dispositional order in accordance with statute.

Diane Proctor-Fleece, and Sentry Insurance v. Zachary Personett, West Central Indiana Plumbing d/b/a Justin Dorsey Plumbing, and Sentry Insurance A Mutual Company (mem. dec.)
18A-PL-1000
Civil plenary. Affirms the grant of summary judgment to Sentry Insurance on Diane Procter-Fleece’s claim for uninsured motorist coverage after she filed a lawsuit against her employer’s insurance following a car crash involving her personal vehicle during the course of her employment. Finds the Montgomery Superior Court did not err in finding as a matter of law that uninsured motorist coverage did not attach to Procter-Fleece’s vehicle.

Edward C. Sizemore v. State of Indiana (mem. dec.)
18A-CR-1707
Criminal. Affirms Edward Sizemore’s sentence to an aggregate 10 years, with two years suspended to probation, for his convictions of Level 4 felony dealing in methamphetamine and Level 6 felony possession of a hypodermic needle. Finds Sizemore’s sentence is not inappropriate in light of the nature of the offenses and his character.