Opinions June 9, 2023

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Court of Appeals of Indiana
Erie Insurance Exchange v. Myron Corporation
22A-CT-2699
Civil tort. Affirms the Montgomery Superior Court’s denial of Erie Insurance Exchange’s motion to consider Myron Corporation as the manufacturer of a power bank charger in order to apply strict liability, and the trial court’s grant of Myron’s motion to dismiss Erie’s strict liability claim. Finds Erie failed to establish a genuine issue of the material fact that Myron is to be considered the domestic distributor of a power bank charger pursuant to the Indiana Product Liability Act.

L.L. v. J.G. and K.G. (mem. dec.)
23A-AD-105
Adoption. Affirms the DeKalb Superior Court’s order granting J.G.’s petition to adopt T.L. Finds father L.L. waived his allegations of error regarding the adoption petition for failing to raise them to the trial court. Also finds L.L. has not demonstrated that he was harmed by the error, if any, in the substance or service of the petition.

Damon Griffin v. State of Indiana (mem. dec.)
22A-CR-3053
Criminal. Affirms Damon Griffin’s six-year sentence for his conviction of Level 4 felony unlawful possession of a firearm as a serious violent felon. Finds that through noncompliance with Indiana Appellate Rule 46(A)(8)(a), Griffin waived his claim the Shelby Superior Court abused its sentencing discretion as to proffered mitigators. Also finds the advisory sentence is not inappropriate.

Ricardo B. Fuller v. State of Indiana (mem. dec.)
22A-CR-2793
Criminal. Affirms the denial of Ricardo Brenton Fuller’s motion to correct error, which challenged an order dismissing his petition to modify his aggregate 65-year sentence imposed in 2007 following his convictions for Class A felony burglary, Class B felony criminal confinement and Class D felony domestic battery and his adjudication as a habitual offender. Finds the Tippecanoe Superior Court did not misconstrue the law in denying Fuller’s motion to correct error.

Cheryl McCollum v. State of Indiana (mem. dec.)
22A-CR-3024
Criminal. Affirms Cheryl McCollum’s conviction of Level 6 felony obstruction of justice. Finds the state presented sufficient evidence to prove McCollum committed the crime.

Adam C. Thomas v. Amy Thomas (mem. dec.)
22A-DR-2516
Domestic relations. Affirms the Allen Superior Court’s order on remand deducting 10% from the marital estate so as not to count that 10% as both income for child support purposes and as an asset that is part of the marital estate. Finds that because the trial court’s remedy on remand did not count any portion of the distributions toward both income and marital property, the court’s remedy complied with the appellate court’s prior order and was not an abuse of discretion.

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