Opinions Dec. 27, 2023

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Court of Appeals of Indiana
Professional Construction Inc., and West Bend Mutual Insurance Company v. Historic Walnut Square LLC
23A-PL-654
Civil plenary. Reverses the Marion Superior Court’s denial of Professional Construction Inc. and West Bend Mutual Insurance Company’s motion to enforce an arbitration agreement and stay litigation in a lawsuit brought by Historic Walnut Square, LLC. Finds the trial court erred in determining that the contractor waived its right to demand arbitration and in refusing to stay the proceedings pending arbitration. Remands with instructions for the trial court to stay the litigation pending arbitration.

Kiera Isgrig v. Trustees of Indiana University
23A-CT-1332
Civil tort. Reverses the Monroe Circuit Court’s grant of summary judgment in favor of Indiana University. Finds the trial court erred by granting the university’s motion for summary judgment. Remands for proceedings consistent with the opinion.

Jeanette E. Robbins and Leslie Lorraine Woodward v. Thomas J. Leffel and Denise K. Leffel (mem. dec.)
23A-PL-1008
Civil plenary. Affirms the Franklin Circuit Court’s judgment granting Thomas and Denise Leffels’ counterclaim to quiet title and establishing the fence line west of the driveway as the boundary line between Jeanette Robbins’s and Leslie Woodward’s and the Leffels’s properties. Finds the Leffels satisfied all of the required elements of adverse possession.

Jaysie Dunn v. Lenard Vander Lyke (mem. dec.)
23A-DC-1705
Domestic relations with children. Affirms the Tipton Circuit Court’s order awarding sole physical custody of Jaysie Dunn and Lenard Vander Lyke’s children to Lyke and allowing him to relocate with the children. Finds Lyke provided Dunn with adequate notice of his intent to relocate with the children and she had actual knowledge of that intent. Also finds the trial court did not err in granting the request to relocate where Dunn did not object nor did it err in its custody determination by failing to specifically list the factors it relied upon.

Malik Gross v. State of Indiana (mem. dec.)
23A-CR-734
Criminal. Reverses the Lake Superior Court’s sanction order for Malik Gross. Finds the trial court was not obligated to follow the terms of Gross’s plea agreements in imposing sanctions for his community corrections violations. Remands for the trial court to exercise its discretion and impose any sanction it determines is appropriate.

Harry L. Roberson III v. State of Indiana (mem. dec.)
23A-CR-933
Criminal. Affirms Harry Roberson’s convictions for Level 5 felony burglary and Class A misdemeanor theft. Finds the trial counsel’s mistake does not rise to the level of ineffective assistance of counsel.

Steven Church v. State of Indiana (mem. dec.)
23A-CR-1035
Criminal. Affirms Steven Church’s convictions for child molestation and invasion of privacy. Finds the trial court did not abuse its discretion by ordering a mistrial and the mistrial was supported by manifest necessity thus Church’s second trial was not barred by double jeopardy principles.

Antonio Turner v. State of Indiana (mem. dec.)
23A-CR-1868
Criminal. Affirms Antonio Turner’s conviction for battery by means of a deadly weapon as a Level 5 felony. Finds the state presented evidence of a probative nature from which a reasonable trier of fact could have determined beyond a reasonable doubt that Turner did not validly act in self-defense and that he was guilty of battery as a Level 5 felony.

Kenneth A. Arnold v. State of Indiana (mem. dec.)
22A-CR-2982
Criminal. Affirms Kenneth Arnold’s convictions of three counts of Level 1 felony child molesting. Finds Arnold waived his vouching and sentencing arguments and that the Boone Superior Court did not err. Also finds there was sufficient evidence to support Arnold’s conviction and that it cannot say the trial court abused its discretion in admitting the testimony of M.H. and M.M.

Erick Adolfo Rivera v. State of Indiana (mem. dec.)
23A-CR-1724
Criminal. Affirms Erick Rivera’s conviction of child molesting as a Level 4 felony and his aggregate sentence. Finds the state presented sufficient evidence to support Rivera’s conviction and that he has failed to demonstrate that his sentence is inappropriate in light of the nature of his offenses and his character.

In the Matter of the Termination of the Parent-Child Relationship of: L.T. (Minor Child) and T.D. (Mother) and R.T. (Father) v. The Indiana Department of Child Services (mem. dec.)
23A-JT-1338
Juvenile termination of parental rights. Affirms the judgment of the Vigo Circuit Court to terminate the parental rights of T.D. and R.T. to L.T. Finds the evidence is sufficient to support the finding that termination of T.D.’s parental rights was in the child’s best interests.

In the Involuntary Termination of the Parent-Child Relationship of: Ka.C., L.E., P.E., and C.C. (Minor Children) and K.C. (Mother) v. Indiana Department of Child Services (mem. dec.)
23A-JT-1688
Juvenile termination of parental rights. Affirms the involuntary termination of K.C.’s parental rights to her children, Ka.C., L.E., P.E., and C.C. Finds the Allen Superior Court’s determination that termination is in the children’s best interests and is supported by clear and convincing evidence.

Indiana Department of Child Services v. Brandon Lewis and Amber Lewis (mem. dec.)
23A-MI-836
Miscellaneous. Reverses the Wabash Circuit Court’s denial of the Indiana Department of Child Services’s motion to dismiss. Finds Brandon and Amber Lewis did not transmit the original or a certified copy of the agency record within 30 days of filing their petition for judicial review nor did they seek an extension of time to do so within 30 days of filing their petition. Remands with instructions to dismiss the Lewises’ petition for judicial review.

John Ingram v. Knox County Tire Supply (mem. dec.)
23A-SC-1624
Small claims. Affirms the Knox Superior Court’s denial of John Ingram’s motion to correct error, which challenged a negative judgment entered upon Ingram’s claim filed in small claims court seeking a refund for tire rims purchased from Knox County Tire and Supply. Finds Ingram failed to make a prima facie showing of reversible error.

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