Opinions Jan. 12, 2022

Keywords Opinions

Court of Appeals of Indiana
Ceres Solutions Cooperative, Inc., v. Estate of Kathryn Bradley, et al.
Civil Tort. Affirms Pulaski Superior Court’s denial of Ceres’ summary judgment motion related to Kathy Bradley and reverses the trial court’s grant of Ceres’ summary judgment motion regarding Kathy’s son, Eric Bradley. Finds Kathy’s husband, Kenneth Bradley, meets the requirement of the Bystander Rule and can proceed with his claim for negligent  infliction of emotional distress.

Anthony Carter, Jr. v. State of Indiana (mem. dec)
Criminal. Affirms Anthony Carter Jr.’s conviction for murder. Finds the LaPorte Circuit Court didn’t commit fundamental error when it admitted Carter’s statements to police at trial. Finds the trial court didn’t err in its placement of a jury instruction pertaining to reasonable theories of innocence. Concludes there was sufficient evidence to sustain Carter’s conviction.

Tyler J. Green v. State of Indiana (mem. dec.)
Criminal. Affirms Tyler J. Green’s eight-year sentence, with three years executed in the Indiana Department of Correction and five years suspended to probation, for Level 4 felony burglary.  Finds the executed portion of Green’s sentence is three years less than the advisory sentence. Concludes his sentence is appropriate considering his character and the nature of his offense.

Chris Patrick Lein, Jr. v. State of Indiana (mem. dec.)
Criminal.  Affirms Chris Lein’s 24-month sentence to the Indiana Department of Correction for Level 6 felony criminal recklessness and Class B misdemeanors of leaving the scene of an accident and criminal recklessness by the Brown Circuit Court. Finds the evidence was sufficient to support Lein’s conviction.

Sandra L. Black v. Robert Black (mem. dec.)
Domestic relation. Affirms the Marion Superior Court’s dismissal of Sandra Black’s verified petition for contempt, request for attorney fees and to set aside a decree of dissolution due to fraud. On cross appeal, denies attorney fees to her husband, Robert Black. Finds the trial court did not abuse its discretion by dismissing Sandra’s petition and Robert failed to meet his burden for the fees.

In re the Termination of the Parent-Child Relationship of S.D. and O.D. (Minor Children) and R.D. (Father) and R.Y. (Mother) R.D. (Father) and R.Y. (Mother) (mem. dec.)
Juvenile termination of parental rights.
Affirms the termination of the parents rights of R.D. and R.Y to S.D. and O.D. Finds the Perry Circuit Court didn’t err when it concluded there is a reasonable probability the conditions leading to the children’s removal will not be remedied.

M.M. v. Logansport State Hospital (mem. dec.)
Mental health. Affirms M.M.’s continued involuntary commitment to Logansport State Hospital by Cass Superior Court. Finds there’s clear and convincing evidence M.M. is dangerous to himself and others.

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