Opinions April 3, 2019

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Indiana Court of Appeals
Ismael Alicea v. Ronald Brown

Civil tort. Reverses the grant of partial summary judgment in favor of Ronald Brown on Ismael Alicea’s claim for punitive damages. Finds Brown has not sustained his burden to affirmatively negate an element of Alicea’s punitive damages claim. Also finds the Porter Superior Court erred in granting partial summary judgment in favor of Brown on that claim. Remands for further proceedings.

Willie Erving Taylor, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms the denial of Willie E. Taylor Jr.’s motion to modify or correct error. Finds Taylor has not shown that the Lake Superior Court abused its discretion.

Carl Moore v. State of Indiana (mem. dec.)
Criminal. Affirms Carl Moore’s 4½-year sentence for his conviction of Level 5 felony battery. Finds the Bartholomew Superior Court did not abuse its discretion by not giving Moore’s guilty plea significant mitigating weight.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of A.S.M., A.J.M., J.J.M, J.L.J., and J.J. (Minor Children), L.J. (Mother) v. The IN Dept. of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the involuntary termination of L.J.’s parental rights to her minor children A.S.M., A.J.M., J.J.M., J.L.J. and J.J. Finds the evidence is sufficient to support the termination.

Lawrence A. Bell v. State of Indiana (mem. dec.)
Criminal. Affirms Lawrence A. Bell’s conviction of Level 5 felony battery, his adjudication as a habitual offender and his aggregate nine-year sentence, with five years suspended to probation. Finds the evidence is sufficient to prove Bell knowingly and intentionally committed battery. Also finds Bell’s sentence is not inappropriate in light of the nature of the offense and his character. 

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