Opinions March 10, 2020

Indiana Court of Appeals
Larry Mickow v. AAA Insurance MemberSelect Insurance Company (mem. dec.)
Civil tort. Affirms the Lake Superior Court’s grant of summary judgment in favor of MemberSelect Insurance Company against Larry Mickow. Finds that because no factual dispute exists as to whether MemberSelect breached its duty of good faith and fair dealing, the trial court properly granted summary judgment on Mickow’s bad faith claim. Also finds it properly granted summary judgment in favor of MemberSelect on his breach of contract claim.

Kentrell A. Fleming v. State of Indiana (mem. dec.)
Criminal. Reverses the Marion Superior Court’s order that Kentrell Fleming pay certain probation-related fees as part of his sanction for violating a no-contact order. Finds the trial court abused its discretion in ordering Fleming to pay probation fees as part of a sanction that did not include probation. Remands this case to the trial court with instructions to reduce the amount of fees by $560.

Benny R. Knight, Jr. v. State of Indiana (mem. dec.)
Post conviction. Affirms the denial in Shelby Superior Court of Benny Knight, Jr.’s petition for post-conviction relief. Finds Knight failed to demonstrate clear error.

Daniel Demaree v. State of Indiana (mem. dec.)
Post conviction. Affirms the denial of Daniel Demaree’s petition in Morgan Superior Court for post-conviction relief. Finds Demaree failed to establish reversible error.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of J.S. and L.S. (Minor Children) and L.Y. (Mother) v. The Indiana Department of Child Services (mem. dec.)
Juvenile termination. Affirms the termination of L.Y.’s parental rights to her minor children J.S. and L.S. Finds sufficient evidence in Delaware Circuit Court to support that the termination is in the children’s best interests and that there is a satisfactory plan for the children’s care and treatment.

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