Opinions July 8, 2021

Indiana Court of Appeals
Linda G. Holsten, individually and as surviving spouse of Paul A. Holsten, Deceased v. Lynn Faur, M.D., and Cameron Memorial Community Hospital, Inc. a/k/a Urgent Care of Cameron Hospital
Civil tort. Vacates the Steuben Circuit Court’s entry of partial summary judgment to Cameron Memorial Community Hospital on the sepsis theory of Linda Holsten’s medical malpractice complaint. Finds the trial court lacked subject matter jurisdiction over the sepsis theory portion of Holsten’s claim because it was not presented to the medical review panel. Remands with instructions for the trial court to dismiss, without prejudice, the sepsis theory portion of her claim.

Kenneth J. Schaefer v. Estate of Cletus P. Schaefer, Deceased
Estate, supervised. Grants rehearing to clarify the appellate court’s reason for declining Kenneth Schaefer’s request to review an issue not decided by the Spencer Circuit Court — specifically, to interpret Indiana Code § 29-1-17-3, which governs abatement of estate assets should the estate be insolvent. Finds that because the trial court did not rule on that issue in the appealed order, any appellate opinion would be premature and purely advisory in nature. Affirms the COA’s original opinion in all other respects.

Tony Bennett Anthony v. State of Indiana (mem. dec.)
Criminal. Affirms Tony Anthony’s conviction for child molesting. Finds the Lake Superior Court’s error in admitting vouching testimony was harmless.

Nathan C. Albrecht v. State of Indiana (mem. dec.)
Criminal. Affirms Nathan Albrecht’s convictions for two counts of Level 1 felony child molesting and one count of Level 6 felony harmful performance before a minor. Finds the Dubois Circuit Court did not abuse its discretion in admitting forensic interview videos, and Albrecht’s convictions are supported by sufficient evidence. Also finds the trial court did not violate Albrecht’s due process rights in allowing the state to amend the charging information, nor did it violate his constitutional rights in denying his request to depose R.R. Finally, finds neither Vicki Schnarr’s testimony nor the prosecutor’s statements resulted in fundamental error.

Scott M. Jones v. Beth E. Jones (mem. dec.)
Domestic relations, no children. Affirms the Cass Superior Court’s order regarding property division as part of the dissolution of Scott M. Jones’ marriage to Beth E. Jones. Finds the trial court did not abuse its discretion when it set aside the Old Style Tavern’s assets and liabilities to Husband. Also finds the trial court did not abuse its discretion when it divided the remaining marital pot equally between the parties. Finally, finds no abuse of discretion in ordering Husband to pay Wife an equalization payment of $146,254.

Joe H. McNew v. State of Indiana (mem. dec.)
Criminal. Affirms Joe McNew’s conviction of Class A misdemeanor invasion of privacy and his and sentence to one year in the Hamilton County Jail. Finds the state presented sufficient evidence to support the conviction. Also finds that his sentence is not inappropriate based on the nature of his offense and his character.

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