Opinions March 17, 2020

Keywords Opinions

Indiana Court of Appeals
Jane Doe 1, as Legal Guardian of the Person and Estate of Jane Doe 2, an Incapacitated Adult v. Carmel Operator, LLC d/b/a Carmel Senior Living, et al.
Civil tort. Affirms the Hamilton Superior Court’s order compelling arbitration of Jane Doe II’s claims against Carmel Operator LLC, d/b/a Carmel Senior Living, Spectrum Retirement Communities, Michael D. Sullivan and Certiphi Screening Inc. Finds from the plain language of the arbitration agreement that it applies to Jane Doe I’s claims against CSL and that there is no evidence establishing that the agreement is invalid as unconscionable and against public policy. Also finds Jane Doe I is equitably estopped from asserting that her claims against Certiphi are not subject to the broad language of her agreement to arbitrate “all claims.”

Jackelin Andrea Ramirez-Vera v. State of Indiana
Criminal. Affirms Jackelin Andrea Ramirez-Vera’s conviction for Class A misdemeanor operating a vehicle with an alcohol concentration equivalent to at least 0.15 gram of alcohol per 100 milliliters of blood. Finds sufficient evidence to support Ramirez’s conviction. Also finds Ramirez did not preserve for review her claim that the Jennings Superior Court abused its discretion when it admitted the results of a blood test. Finally, finds the trial court did not err when it admitted Ramirez’ pre-Miranda statements as evidence because Ramirez was not in custody at that time.

Samuel Gebrehiwet v. State of Indiana (mem. dec.)
Criminal. Affirms Samuel Gebrehiwet’s convictions for Class A misdemeanor battery resulting in bodily injury and Class B misdemeanor public intoxication. Finds the Marion Superior Court did not clearly err in denying Gebrehiwet’s Trial Rule 41(B) motion for involuntary dismissal of the public intoxication charge. Also finds sufficient evidence to support his convictions.

John Lloyd Dunn, II v. State of Indiana (mem. dec.)
Criminal. Affirms John Dunn II’s conviction for Class A misdemeanor theft. Finds sufficient evidence to support the conviction.

Adelina Monique Bray v. State of Indiana (mem. dec.)
Criminal. Remands to the Marion Superior Court with instructions to hold an indigency hearing for Adelina Bray following her conviction of Class C misdemeanor operating a vehicle while intoxicated. Finds the trial court abused its discretion by failing to conduct an indigency hearing after imposing fees and stating that Bray could qualify for early termination of her probation upon payment of the imposed fees. Also finds remand is not necessary to amend the sentencing order and order of probation.

In Re: The Termination of the Parent-Child Relationship of A.C. Jr. and J.C. (Minor Children); A.C. (Father) v. The Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of father A.C.’s parent-child relationship with his children, A.C. Jr. and J.C. Finds the Wells Circuit Court did not abuse its discretion in denying A.C.’s motion to continue the termination hearing. Also finds sufficient evidence to support the terminations.

Sauntio Antonio Carter v. State of Indiana (mem. dec.)
Criminal. Reverses the merger of Sauntio Carter’s convictions for Level 5 felony stalking and two counts of Class A misdemeanor invasion of privacy, finding the merger violated Indiana’s constitutional prohibition against double jeopardy. Also finds the Marion Superior Court abused its discretion when it imposed an additional $100 public defender supplemental fund fee. Remands with instructions to issue a new sentencing and abstract of judgment consistent with the opinion.

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