Opinions Feb. 4, 2019

February 4, 2019

Indiana Court of Appeals 
Jabreeh Cash Davis-Martin v. State of Indiana

Criminal. Affirms Jabreeh Cash Davis-Martin’s murder conviction and his 65-year sentence. Finds the delayed admission of cellphone records was not a Brady violation. Also finds the St. Joseph Superior Court did not err in instructing the jury, and the state did not violate Davis-Martin’s Fifth Amendment rights. Finally, finds there was sufficient evidence to support Davis-Martin’s conviction, and his sentence is not inappropriate. 

NBD International, Inc. v. Viking, Inc., and Selective Insurance Company of America (mem. dec.)
Civil plenary. Affirms the Whitley Superior Court’s denial of NBD International, Inc.’s motion to dismiss the lawsuit filed against it by Viking, Inc. Finds that because the first and third phases of NBD’s work were not governed by the parties’ signed work authorization, the forum selection clause in the work authorization does not apply to any claims arising from the phases. 

In Re the Matter of J.G. and J.T. (Minor Children), Children in Need of Services; S.B. (Mother) v. Indiana Department of Child Services (mem. dec.)
Juvenile CHINS. Affirms the Hendricks Superior Court’s adjudication of S.B.’s two children, J.G. and J.T., as children in need of services. Finds the trial court did not err when it found the children’s physical or mental health were seriously impaired and/or endangered as a result of the inability, refusal, or neglect of S.B. to supply the them with necessary supervision. Also finds J.G. and J.T. are unlikely to receive the care they need without the coercive intervention of the court. 

Sharon Louie v. State of Indiana (mem. dec.)
Criminal. Remands with instructions to revise the record as necessary to reflect the imposition of no probation fees on Sharon Louie. Finds the Marion Superior Court unequivocally stated at sentencing that there would be no fees. 

Allen Michael Orange v. State of Indiana (mem. dec.)
Criminal. Affirms Allen Orange’s convictions for Level 3 felony aggravated battery, Level 5 felony battery by means of a deadly weapon and Level 5 felony battery resulting in serious bodily injury. Finds the state sufficiently rebutted Orange’s claim of self-defense. Also finds there is sufficient evidence to support his conviction of aggravated battery.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of: M.I., et al. and A.J.I. and L.D.M. v. Indiana Department of Child Services and Dennis Koehlinger v. K.H. (mem. dec.)
Juvenile termination of parental rights. Affirms the Allen Superior Court’s judgment terminating fathers A.J.I. and L.D.M.’s parental rights and reverses the denial of DCS’ petition as to mother, K.R.H. Finds the juvenile court’s decision was not clearly erroneous as to the fathers, but its denial of DCS’ petition as to K.R.H. was contrary to law. Remands for the juvenile court to enter a judgment terminating K.R.H.’s parental rights as to her six children. 

Jeffery L. Ireland v. Tri-State Orthopaedic Surgeons and ProRehab, P.C. (mem. dec.)
Civil tort. Affirms the Vanderburgh Circuit Court’s grant of summary judgment in favor of Tri-State Orthopaedic Surgeons and ProRehab, P.C. in Jeffrey Ireland’s action for medical malpractice. Finds the “common knowledge” exception to the expert-evidence requirement does not apply. Also finds Ireland failed to present expert evidence to rebut the medical review panel’s opinions. 

R.R. v. State of Indiana (mem. dec.)
Juvenile. Affirms the Marion Superior Court’s determination that R.R. was delinquent for committing what would be Level 6 felony intimidation and one count of Level 6 felony resisting law enforcement if committed by an adult. Finds that because R.R. was involved in only one altercation with police, she may only be found delinquent for committing one act of what would be resisting law enforcement if committed by an adult. Also finds the evidence is sufficient to sustain two of the true findings against R.R. Remands the matter to the juvenile court with instructions for the court to vacate its true finding for one count of resisting law enforcement conviction.