Opinions June 24, 2019

Keywords Opinions

Indiana Court of Appeals
Raul Ibarra Serrano v. State of Indiana (mem. dec.)

18A-CR-2808
Criminal. Affirms Raul Serrano’s convictions for Level 4 felony burglary and Level 6 felony theft. Finds there is sufficient evidence to support the convictions.

Gregory Thomaston v. U.S. Bank National Association (mem. dec.)
18A-MF-2397
Mortgage foreclosure.  Affirms the Marion Superior Court’s denial of Gregory Thomaston’s motion to set aside default judgment, finding he did not file the motion within a reasonable time. Also finds Thomaston did not make a prima facie showing of a meritorious defense, and the trial court did not abuse its discretion. 

State of Indiana ex rel. Curtis T. Hill, Attorney General of Indiana v. William J. Pfister, Richard A. Sopko, Travelers Insurance Companies, Western Surety Insurance Company, et al. (mem. dec.)
18A-PL-771
Civil plenary. Affirms the Lake Circuit Court’s entry of summary judgment in favor of William J. Pfister, Richard A. Sopko and Ohio Farmers Insurance Company. Finds the trial court did not err in granting summary judgment to Pfister, Sopko and Ohio Farmers. 

Tommie R. Shelton v. State of Indiana (mem. dec.)
18A-CR-2802
Criminal. Affirms the revocation of Tommie Shelton’s placement in community corrections. Finds there was sufficient information to deem alleged hearsay statements as substantially trustworthy. Also finds the Marion Superior Court did not abuse its discretion or commit fundamental error in admitting challenged testimony. Finally, finds the state proved the alleged community corrections violations by a preponderance of the evidence. 

In the Matter of the Termination of the Parent-Child Relationship of Su.S. and S.S.J. (Minor Children) and J.D. (Mother) v. The Indiana Department of Child Services (mem. dec.)
19A-JT-177
Juvenile termination of parental rights. Affirms the termination of the parent-child relationships between mother J.D. and her children, Su.S. and S.S.J. Finds the termination was not clearly erroneous.  

Marvin Creech v. Jill Creech (mem. dec.)
18A-DN-1693
Domestic relation, no children. Affirms the valuation of Marvin Creech’s pension and the order to make a lump sum equalization payment to Jill Creech as part of their dissolution decree. Finds the Hamilton Superior Court’s valuation of Marvin’s pension is supported by the evidence and is therefore not an abuse of discretion. Also finds the trial court acted within its discretion when it ordered Marvin to make a lump sum equalization payment to Jill. 

Terry J. Morgan v. State of Indiana (mem. dec.)
18A-MI-1762
Miscellaneous. Affirms the Madison Superior Court’s denial of Terry Morgan’s petition for habeas corpus following the Indiana Parole Board’s determination that he had violated his parole. Finds that because Morgan pleaded guilty to both violations of his parole, he is not unlawfully incarcerated. Also finds that Morgan’s pleading is a petition for post-conviction relief.

In re the Matter of Ar.H. and Ay.H. (Minor Children), J.H. (Father) v. Indiana Department of Child Services (mem. dec.)
18A-JC-2904
Juvenile CHINS. Affirms the Allen Superior Court’s adjudication of J.H.’s children, Ar.H. and Ay.H., as children in need of services. Finds there is substantial evidence to conclude that the condition of the family’s home was a symptom of J.H.’s underlying mental health issues and drug addiction, and that without the continued presence of service providers, the home is likely to deteriorate to its previous condition. Also finds the trial court did not err.  

John L. Smith v. State of Indiana (mem. dec.)
18A-CR-2596
Criminal. Affirms John Smith’s convictions for three counts of Level 4 unlawful possession of a firearm by a serious violent felon. Finds there is sufficient evidence to support the convictions.

Regina A. Beard v. State of Indiana (mem. dec.)
18A-CR-2400
Criminal. Affirms the Ripley Circuit Court’s revocation of Regina Beard’s probation and its order that she serve four years of the balance of her previously suspended sentence in the Department of Correction. Finds the trial court acted within its discretion. 

Edward Gaeta v. The Huntington National Bank (mem. dec.)
18A-MF-408
Mortgage foreclosure. Affirms the Tippecanoe Superior Court’s money judgment in favor of the Huntington National Bank on the unpaid balance of a loan executed by Edward Gaeta. Reverses the judgement of the trial court to the extent that it granted Huntington’s request to foreclose on the mortgage. Finds the evidence clearly shows Huntington did not comply with federal regulations governing its actions in the foreclosure action. Remands for further proceedings. 

Mary Grigsby v. Martin's Super Markets, Inc. (mem. dec.)
18A-CT-1660
Civil tort. Affirms the finding against Mary Grigsby in her negligence claim against Martin’s Super Markets, Inc. Finds the Cass Superior Court did not abuse its discretion by failing to grant Grigsby’s motion to strike a photograph of the scene of her fall, nor did it err by denying her motion for summary judgment on the issue of comparative fault. Also finds the trial court did not abuse its discretion by admitting portions of Grigsby’s prior deposition testimony. Finally, finds the trial court did not clearly err by denying Grigsby’s motion for a new trial. 

Cynthia Gonzalez v. State of Indiana (mem. dec.)
18A-CR-2046
Criminal. Affirms Cynthia Gonzalez’s conviction for Class B misdemeanor criminal mischief. Finds there is sufficient evidence to support the conviction and that Tyler Walker’s identification of Gonzalez from a photo array was not incredibly dubious.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of: J.J. (Minor Child) and L.J. (Father) v. The Indiana Department of Child Services and Child Advocates, Inc. (mem. dec.)
18A-JT-3025
Juvenile termination of parental rights. Affirms the termination of L.J.’s parental rights to J.J. Finds the procedural irregularities in the case do not constitute fundamental error, and accordingly, L.J.’s due process rights were not violated. Also finds there is sufficient evidence to support the termination. 

Steven L. McAtee v. Arletty Ivisa Huber (mem. dec.)
18A-PL-2526
Civil plenary. Affirms the grant of summary judgment in favor of Arletty Ivias Huber on her breach of fiduciary duty complaint against her business partner Steven McAtee. Finds the facts establish a prima facie case that McAtee owed Huber a fiduciary duty, breached that duty and caused her harm. Also finds the Grant Superior Court’s damage award was within the scope of the evidence. 
 

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