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Opinions Dec. 20, 2018

December 20, 2018
KEYWORDS Opinions

Indiana Court of Appeals 
City of Gary, Indiana and Gary/Chicago International Airport Authority v. Auto-Owners Insurance Company

18A-CT-68
Civil tort. Affirms the Lake Superior Court’s grant of summary judgment in favor of Auto-Owners Insurance Company, a liability insurer for one of the defendants in a lawsuit seeking payment for cleaning up contaminated property. Finds the city’s complaint focused solely on the operation of Western Scrap and did not allege facts that might fall under the Auto-Owners policies that covered Recycle West. Also rules Auto-Owners designated sufficient evidence to make a prima facie showing that negated the airport’s separate contamination lawsuit. 

Kosciusko County Community Fair, Inc. v. Mary Clemens, Merle Conner, Judith Conner, and Chris Cummins
18A-PL-1319
Civil plenary. Affirms the grant of injunctive relief against Kosciusko County Community Fair, Inc. and in favor of Mary Clemens, Merle Conner, Judith Conner and Chris Cummins. Finds Cummins has standing as a successor in interest to one of the original covenantees to enforce the 1990 restrictive covenant limiting the use of the fair’s racetrack for motorized racing. Also finds the Kosciusko Superior Court did not err in granting injunctive relief. 

Daniel Cannon v. State of Indiana
18A-CR-1871
Criminal. Reverses Daniel Cannon’s conviction for falsely informing police of the location of his dog, who killed a pet miniature horse. Finds the state did not provide sufficient evidence to support the conviction because Cannon did not give an officer any information at all, let alone false information. 

Celene I. Bock v. Dale F. Bock
18A-DR-38
Domestic relation. Affirms the Lake Superior Court’s division of property in the dissolution of marriage between Celene Bock and Dale Bock. Finds Celene’s survivor benefit was properly included and valued and that the trial court acted within its discretion in equally dividing the marital estate.

Joshua Walker v. State of Indiana (mem. dec.)
18A-CR-1140
Criminal. Affirms Joshua Walker’s conviction for murder. Finds the St. Joseph Superior Court did not abuse its discretion in refusing Walker’s proposed instructions.

Jeremy Lasalle Roy v. State of Indiana (mem. dec.)
18A-CR-1944
Criminal. Affirms Jeremy Roy’s 10-year sentence for his conviction of Level 4 felony burglary. Finds the sentence is not inappropriate in the light of the nature of Roy’s offenses and his character. 

Devon Gaines v. State of Indiana (mem. dec.)
18A-CR-1731
Criminal. Affirms Devon Gaines’ conviction for Class A misdemeanor domestic battery. Finds the Marion Superior Court did not commit reversible error in admitting testimony from Gaines’ victim that he claims is unfairly prejudicial.   

In Re the Matter of the Termination of Parental Rights of: P.O.M. (Minor Child) and J.M. (Mother) v. The Indiana Department of Child Services (mem. dec.)
18A-JT-301
Juvenile termination of parental rights. Affirms the termination of J.M.’s parental rights to P.O.M. Finds the Monroe Circuit Court did not abuse its discretion in denying J.M.’s motion for a continuance and that the findings were sufficient to support the involuntary termination of her rights.

Jeremy Roberts v. State of Indiana (mem. dec.)
18A-CR-1210
Criminal. Affirms Jeremy Robert’s conviction for Level 6 felony invasion of privacy. Finds the Marion Superior Court did not abuse its discretion in the admission of evidence. 

T.G. v. State of Indiana (mem. dec.)
18A-JV-1611
Juvenile. Affirms the Elkhart Circuit Court’s order committing T.G. to the custody of the Indiana Department of Correction following a violation of probation. Finds the trial court did not abuse its discretion.

In the Matter of the Termination of the Parent-Child Relationship of R.D., Minor Child, J.S., Mother v. The Indiana Department of Child Services (mem. dec.)
18A-JT-1645
Juvenile termination of parental rights. Affirms the involuntary termination of J.S.’s parental rights to R.D. Finds the Randolph Circuit Court did not err. 

In re M.F., a Child Alleged to Be in Need of Services, B.R. (Father) v. Indiana Department of Child Services, and Child Advocates, Inc. (mem. dec.)
18A-JC-1585
Juvenile CHINS. Affirms the Marion Superior Court’s order determining B.R.’s minor child, M.F., is a child in need of services. Finds the trial court did not clearly err in determining that M.F. is a CHINS as the Department of Child Services presented sufficient evidence that her physical or mental condition was seriously impaired or endangered by B.R.’s inability to provide for her needs. Also finds no merit in B.R.’s claims that the trial court’s dispositional order failed to comply with the applicable statutory requirements.

Hector G. Lopez v. State of Indiana (mem. dec.)
18A-CR-1940
Criminal. Affirms Hector Lopez’s four-year sentence for Level 5 felony battery resulting in bodily injury to a person under fourteen years old; Level 6 felony domestic battery committed in the presence of a child under sixteen years old; Level 6 felony strangulation; Class A misdemeanor interference with the reporting of a crime; and Class A misdemeanor invasion of privacy. Finds Lopez’s sentence is not inappropriately harsh. 

Desmon Catlett v. State of Indiana (mem. dec.)
82A04-1710-PC-2460
Post-conviction. Affirms the Vanderburgh Superior Court’s denial of Desmon Catlett’s petition for post-conviction relief. Finds the post-conviction court did not abuse its discretion in failing to hold an evidentiary hearing and did not err in concluding that Catlett had not received ineffective assistance of trial counsel. 

Stefan Murphy v. State of Indiana (mem. dec.)
18A-CR-1208
Criminal. Affirms Stefan Murphy’s conviction for Class A misdemeanor intimidation. Finds Murphy failed to demonstrate that the prosecutor committed misconduct that constituted fundamental error. Also finds the evidence was sufficient to support his conviction.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of J.H. (Minor Child), and D.H. (Mother) v. The Indiana Department of Child Services (mem. dec.)
18A-JT-1663
Juvenile termination of parental rights. Affirms the involuntary termination of D.H.’s parental rights to her minor child, J.G. Finds there is sufficient evidence to support the termination. 

Hane C. Harris v. State of Indiana (mem. dec.)
18A-PC-1995
Post-conviction. Affirms the Delaware Circuit Court’s denial of Hane Harris’ petition for post-conviction relief. Finds the trial court referenced Harris’ plea agreement, which set forth his Boykin rights, at a guilty-plea hearing and that Harris did not present any evidence that he did not know about his Boykin rights when he pleaded guilty.

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