Opinions Jan. 17, 2023

Court of Appeals of Indiana
Amy Osadchuk v. Charles P. Rice and Boveri Murphy Rice, LLP
22A-CT-1068
Civil tort. Affirms the St. Joseph Superior Court’s order to grant Charles Rice and his law firm’s motion for judgment on the pleadings. Finds Amy Osadchuk’s complaint alleging legal malpractice, fraud, constructive fraud and attorney deceit and collusion was time-barred because it was filed more than 10 years after Rice and his firm created an irrevocable trust for her husband’s benefit.

Michael C. Steele v. Elizabeth Nichole Taber (mem. dec.)
22A-CT-925
Civil tort. Affirms the order for Michael C. Steele to pay Elizabeth Taber $4,500 in fees. Finds the brief submitted by Steele doesn’t allow the appellate court to decipher the exact nature of his claims against Taber, let alone determine whether they had a good-faith basis. Also finds the Hamilton Circuit Court didn’t err.

Clark Abney v. Clint D. Walter, Dassler Domestic Logistic, Norfolk Southern Railway, and Kentucky Farm Bureau Mutual Insurance Company (mem. dec.)
22A-CT-2135
Civil tort. Reverses the dismissal of Clark Abney’s case for failure to prosecutor. Finds the Perry Circuit Court abused its discretion by failing to hold a hearing on the appellees’ motion to dismiss. Remands for the trial court to hold the hearing.

J.J.G. v. M.R.G., by C.S.V., Child’s Next Friend (mem. dec.)
22A-PO-1900
Protective order. Reverses the protective order issued against J.J.G. Finds that the evidence is insufficient to support the Elkhart Superior Court’s issuance of the protective order based on domestic or family violence.

Jose Antonio Gutierrez v. State of Indiana (mem. dec.)
22A-PC-1513
Post-conviction. Affirms the denial of post-conviction relief for Jose Antonio Gutierrez. Finds the post-conviction court’s order was not deficient.

Quinten D. Joseph v. State of Indiana (mem. dec.)
22A-CR-1691
Criminal. Affirms Quinten D. Joseph’s 16-year prison sentence for Level 3 felony domestic battery resulting in serious bodily injury to a family or household member who is less than 14 years of age. Finds Joseph’s sentence was not inappropriate in light of the nature of the offense and his character.

Steven Brian Nail v. State of Indiana (mem. dec.)
22A-CR-1674
Criminal. Affirms Steven Brian Nail’s convictions of murder and Level 2 felony robbery resulting in serious bodily injury and his aggregate 60-year sentence. Finds sufficient evidence supports the murder conviction. Also finds Nail has failed to prove that his aggregate 60-year sentence is inappropriate.

Gary Matthew Carnicom v. State of Indiana (mem. dec.)
22A-CR-1156
Criminal.  Affirms Gary Matthew Carnicom’s convictions of Level 4 felony causing death while operating a vehicle with a schedule I or II controlled substance in the blood and Class A misdemeanor reckless operation of a vehicle in a highway work zone. Finds Carnicom’s new and different evidentiary arguments on appeal are waived. Also finds a reasonable jury could conclude based on the evidence that Carnicom operated his van recklessly.

Billy Everett Irvin, Jr. v. State of Indiana (mem. dec.)
22A-CR-1963
Criminal. Affirms the order that Billy Everett Irvin Jr. serve his one-year suspended sentence for violating his probation. Finds the Noble Circuit Court did not abuse its discretion.

Andrew Thomas Craney v. State of Indiana (mem. dec.)
22A-CR-1697
Criminal. Affirms Andrew Craney’s conviction of Level 6 felony operating a vehicle with an ACE of .08 or more. Finds the Hamilton Superior Court did not abuse its discretion in admitting Craney’s breath-test results, so his sufficient challenge fails.

Miranda Holman v. Dakota Holman (mem. dec.)
22A-DC-1356
Domestic relations with children. Affirms the order that modified joint physical and legal custody of Miranda and Dakota Holman’s children, solely going to the Dakota. Finds the Jackson Superior Court did not err in modifying the custody order and awarding Dakota sole custody of the children because there is evidence to support the determination that there was a substantial change in circumstances and that modification is in the children’s best interests.

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