Opinions Feb. 5, 2024

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Court of Appeals of Indiana
Estate of Gerald Everett Goldsberry v. Drake Air, LLC, by its member Brent L. Drake
23A-MI-1987
Miscellaneous. Affirms Morgan Superior Court’s judgment for Drake Air, LLC, by its member Brent L. Drake, for $50,000 following a bench trial. Finds the trial court correctly concluded that Bill Myrtle’s and Brad Huddle’s access to the helicopter on the day of the crash did not destroy the bailment between Drake Air and Gerald Goldsberry. Also finds that the trial court did not err when it concluded that the Goldsberry estate failed to demonstrate that the loss of the helicopter was not Goldsberry’s fault.

David Paul Allen v. Hammond Hohman LLC (mem. dec.)
23A-PL-1936
Civil plenary. Affirms the Lake Superior Court’s summary judgment entry in favor of Hammond Hohman LLC. Finds David Allen’s claims based on alleged breaches of a warranty of fitness or on alleged violations of the terms of the lease of office space from Hammond Hohman fail as a matter of law.

Alicia Marie Zeller v. Clifton Anthony Johnson (mem. dec.)
23A-DC-1441
Domestic relations with children. Affirms the Marion Superior Court’s orders on the issues of parenting time and legal custody regarding Alicia Zeller’s daughter. Finds Zeller had not shown prima facie error on the issue of legal custody or parenting time. Also finds that, given the language of the orders, Zeller is incorrect that the trial court eliminated the supervision requirement.

Farah Wilson v. William Wilson (mem. dec.)
23A-DC-2063
Domestic relations with children. Affirms the Vigo Superior Court’s dissolution of marriage decree and order on allocation of assets and debts, custody, child support and parenting time for Farah and William Wilson. Finds Farah Wilson has failed to make a prima facie showing of reversible error regarding the trial court’s decisions concerning life insurance beneficiaries, retroactive child support, the sale of the marital residence, disposition of the Corvette, and disposition of the parties’ personal property.

James M. Nipple v. State of Indiana (mem. dec.)
23A-CR-2004
Criminal. Affirms James Nipples conviction and sentence in Benton Circuit Court for leaving the scene of an accident, a Level 6 felony. Finds the evidence is sufficient to sustain Nipple’s conviction. Also finds the trial court did not abuse its discretion when sentencing Nipple and Nipple’s two-year sentence is not inappropriate.

Carl M. Hendrickson v. State of Indiana (mem. dec.)
23A-CR-999
Criminal. Affirms Carl Hendrickson’s conviction after a jury trial in Johnson Superior Court of one count of Level 4 felony child molesting. Finds the admission of the witness’ testimony was proper and the evidence is sufficient.

Donald Jones v. State of Indiana (mem. dec.)
23A-CR-1722
Criminal. Affirms Donald Jones’s convictions in Marion Superior Court for battery resulting in bodily injury, a Class A misdemeanor, and criminal mischief, a Class B misdemeanor. Finds that the state disproved at least one element of Jones’s claim of self-defense beyond a reasonable doubt and that the state also established beyond a reasonable doubt that Jones committed criminal mischief.

David Ray Hall v. State of Indiana (mem. dec.)
23A-CR-2175
Criminal. Affirms David Hall’s conviction in Huntington Superior Court of Level 2 felony dealing in a narcotic drug after he had been found to have possessed 10.83 grams of fentanyl with the intent to deliver. Finds that the evidence is sufficient to sustain his conviction and that Hall’s aggregate 34-year sentence is appropriate.

Ryan Ridner v. State of Indiana (mem. dec.)
23A-CR-1814
Criminal. Affirms Ryan Ridner’s convictions in Marion Superior Court of two counts of attempted murder, Level 1 felonies. Finds that the state presented sufficient evidence to establish that Ridner had the specific intent to kill the police officers at whom Ridner fired his rifle.

E.S. v. L.N. and R.N. (mem. dec.)
23A-AD-2236
Adoption. Reverses the Jackson Circuit Court’s order granting the adoption of E.S.’s son by the son’s maternal grandparents. Finds the trial court’s order granting the adoption does not address the biological father’s consent or any consent-related statutes. Also finds the biological father has established prima facie error.

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