Opinions Feb. 18, 2021

Indiana Court of Appeals

Daniel Welbourne, et al. v. Betty Mays


Miscellaneous. Remands for further proceedings an order of the Johnson Superior Court granting paternal grandmother Betty Mays overnight visitation rights. Finds that while there is some evidentiary support for grandparent visitation, there is an absence of particularized findings necessary to evaluate the propriety of the order. Remands for more particularized findings relative to the child and child’s relationship with Mays.

James Collins v. Inland Technologies International Limited (mem. dec.)


Civil plenary. Affirms the Spencer Circuit Court’s entry of summary judgment for Inland Technologies International Limited in a suit brought by James Collins, who claimed he was owed unused vacation time and incentive payments when he resigned his position.

Thaddious Robert Rice v. State of Indiana (mem. dec.)


Criminal. Affirms Thaddious Rice’s 40-year sentence and conviction of Level 1 felony neglect of a dependent causing death. Finds the Warrick Circuit Court did not err in admitting evidence of Rice’s statements to a coroner or the testimony of an ophthalmologist. The evidence was sufficient to support Rice’s conviction, the court did not aduse its discretion in weighing an aggravating factor, and his sentence was not inappropriate.

Phi Mu Alpha Sinfonia Fraternity of America v. Edward Klint, et al. (mem. dec.)


Civil plenary. Affirms the dismissal of a lawsuit between certain alumni members of Phi Mu Alpha Sinfonia Fraternity of America over the continued employment of the fraternity’s national executive director, Edward A. Klint and its president, Mark R. Lichtenberg. Finds the Vanderburgh Circuit Court’s dismissal due to plaintiffs’ lack of standing to prosecute its claims in the name of the fraternity was proper. Decline to award Klint appellate legal fees.

A.P., et al. v. A.S. (mem. dec.)


Protective order. Affirms orders of protection entered in favor of A.S., A.P. and C.P. Finds the Martin Circuit Court ruled based on sufficient evidence and the hearing was adequate.

Blachly, Tabor, Bozik & Hartman, LLC. v. Auto Owners Insurance Company (mem. dec.)


Civil tort. Affirms the Porter Superior Court’s entry of summary judgment for Auto Owners Insurance Co., in a dispute over insurance coverage. Finds Auto-Owners is entitled to judgment as a matter of law.

Stacy E. Lock v. State of Indiana (mem. dec.)


Criminal. Affirms Stacy Lock’s 14-year sentence for her convictions of two counts each of Level 4 dealing in methamphetamine and Level 6 felony possession of methamphetamine and being a habitual offender. Finds her sentenced imposed in Whitley Circuit Court was not inappropriate.

Edmanuel Morales v. State of Indiana (mem. dec.)


Criminal. Affirms Edmanuel Morales’ sentence of nine years in prison with two years suspended to probation. Concludes his sentence for conviction in Lake Superior Court of Level 3 felony aggravated battery was not inappropriate.

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