Opinions March 31, 2020

Indiana Court of Appeals
G&G Oil Co. of Indiana v. Continental Western Insurance Company
19A-PL-01498
Civil plenary. Affirms the award of summary judgment to Continental Western Insurance Company against G&G Oil Co. of Indiana. Finds the commercial insurance policy did not include coverage for losses suffered as a result of a ransomware attack. Finds the ransomware was not covered under the policy’s computer fraud provision.

Jennifer Cook v. State of Indiana
19A-CR-2225
Criminal. Affirms Jennifer Cook’s conviction of Level 6 felony attempted obstruction of justice. Finds the state presented evidence of probative value from which the trier of fact could find beyond a reasonable doubt that Cook committed attempted obstruction of justice. Also finds the state did not allege Cook provided a false statement and that the rule of lenity does not require reversal. Judge John Baker dissents in a separate opinion.

Lisa Joann Lisk v. State of Indiana
19A-CR-02602
Criminal. Affirms Lisa Lisk’s sentence for conviction of Level 6 felony theft. Finds no error with her restitution order and that her sentence is not inappropriate in light of the nature of her offense and her character.

Ryan J. Schrader v. Marcy C. Schrader (mem. dec.)
19A-DR-2236
Domestic relation. Affirms the trial court’s order finding Ryan Schrader in contempt for failure to pay money owed to his ex-wife Marcy. Finds the trial court did not abuse its discretion in finding Ryan in contempt.

Elven McCarty v. State of Indiana (mem. dec.)
19A-CR-1850
Criminal. Affirms Elven McCarty’s 77-year sentence and conviction of child molesting, incest, and sexual battery. Finds the imposition of consecutive advisory sentences in this case was not inappropriate.

Daren E. Ridley v. State of Indiana (mem. dec.)
19A-CR-2013
Criminal. Affirms the trial court’s denial of Daren Ridley’s motion to file a belated notice of appeal. Finds the trial court did not err by denying the motion.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of K.D. (Minor Child) and K.G. (Father) and N.B. (Mother) v. The Indiana Department of Child Services (mem. dec.)
19A-JT-2545
Juvenile termination. Affirms the termination of K.G.’s parental relationship with his minor child, K.D. Finds father has failed to demonstrate that the trial court clearly erred in terminating his parental relationship with Child.

Derek Thompson v. Michelle Thompson (mem. dec.)
19A-DR-2400
Domestic relation. Affirms the trial court’s order modifying Derek Thompson’s parenting time and child support obligation. Finds trial court’s determination is not clearly erroneous.

Edward M. Hampton v. State of Indiana (mem. dec.)
19A-CR-1456
Criminal. Affirms Edward Hampton’s sentence and conviction of Level 3 felony robbery. Finds Hampton has waived his claim of trial court error and that he has failed to carry his burden to show that his sentence is inappropriate. However, remands with instructions for the trial court to vacate Count II, Level 5 felony battery, and Count III, Level 6 felony criminal recklessness.

In the Matter of D.A.I. and H.I., Children in Need of Services, D.D.I., Father v. Indiana Department of Child Services, and Child Advocates, Inc. (mem. dec.)
19A-JC-2235
Juvenile CHINS. Affirms the adjudication D.A.I. and H.I. to be children in need of services. Finds the juvenile court did not err in finding the coercive intervention of the court was needed to ensure the children lived in a safe and stable home free from drug use, unsecured handguns and domestic violence.

Darrin Lincoln, Sherri Lincoln, and Raymond Hartman v. Carlos Rico and Maria Guadalupe Rico (mem. dec.)
19A-PL-1476
Civil plenary. Affirms the trial court’s ruling permanently enjoining Darrin Lincoln, Sherri Lincoln and Raymond Hartman from placing any obstruction on the property of Carlos Rico and Maria Guadalupe. Finds the First Description of the Rico Deed controls because it accurately describes the property the McMillans intended to convey to the Ricos. Finds the Ricos are without adequate remedy at law and would suffer clear, irreparable harm in the absence of an injunction because the Lincolns’ fence trespassed on the Ricos’ property.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of: S.L. and S.B. (Minor Children), B.L. (Father) v. Indiana Department of Child Services (mem. dec.)
19A-JT-2459
Juvenile termination. Affirms the termination of B.L.’s parental right to his children, S.B. and S.L. Finds that termination is in the children’s best interests and is supported by clear and convincing evidence.

Jake Presley v. State of Indiana (mem. dec.)
19A-CR-2288
Criminal. Affirms Jake Presley’s conviction of conspiracy to commit dealing in a controlled substance, as a Level 5 felony. Find sufficient evidence to support the conviction.

Harold Lee Arnold, Jr. v. State of Indiana (mem. dec.)
19A-CR-2415
Criminal. Affirms Harold Arnold’s conviction of Level 6 felony domestic battery. Finds no constitutional violation of his rights under the Sixth Amendment.

In the Matter of the Termination of the Parent-Child Relationship of A.G. (Child) and R.R. (Father); R.R. (Father) v. The Indiana Department of Child Services (mem. dec.)
19A-JT-2289
Juvenile termination. Affirms the termination of R.R.’s parental rights to A.G. Finds the Department of Child Services presented clearc and convincing evidence that there was a reasonable probability that the conditions that resulted in the child’s removal would not be remedied and that termination was in child’s best interests. Finds the trial court did not err.

Howard Jackson, Jr. v. State of Indiana (mem. dec.)
19A-CR-2364
Criminal. Affirms the sanction imposed on Howard Jackson Jr. for his violation of probation. Finds the trial court’s decision to order him to serve the remainder of his suspended sentence in the Department of Correction was not an abuse of discretion.

In the Matter of E.A. (Minor Child), Child in Need of Services, M.A., (Mother) v. Indiana Department of Child Services (mem. dec.)
19A-JC-2432
Juvenile CHINS. Affirms the adjudication of M.A.’s child, E.A., as a child in need of services. Finds the judgment reached by the trial court is not clearly erroneous.

In the Matter of the Termination of the Parent-Child Relationship of M.F. & P.F. (Children) and C.B. (Mother) and J.F. (Father) v. The Indiana Department of Child Services (mem. dec.)
19A-JT-1931
Juvenile termination. Affirms the termination of C.B. and J.F.’s parental rights to their children. Finds sufficient evidence to support the challenged Finding 2(f)(9), but that it was inappropriate for the trial court to, in Findings 2(f)(1) and 2(f)(21), cite the amount of money the Department of Child Services had expended on services for reunification of the family over the years. But finds the erroneous portions are superfluous and not a basis for reversal. Finds the parents’ due process rights were not violated and that the conditions under which children were removed from parents’ care would not be remedied and that termination of father’s parental rights was in children’s best interests.

In Re: The Matter of A.K. and G.C. (Minor Children); T.C. (Father) v. The Indiana Department of Child Services (mem. dec.)
19A-JC-1981
Juvenile CHINS. Affirms the adjudication of T.C.’s children as children in need of services. Finds he waived his argument that the trial court “erred in denying [his] motion to dismiss the CHINS petitions filed by the Indiana Department of Child Services when the factfinding hearing was not completed within 120 days.”

Kurt Disser and Sabrina Graham v. Jennifer Cox (mem. dec.)
19A-SC-1768
Small claims. Affirms the entry of judgment in favor of Jennifer Cox after she was denied her motion to dismiss a small claims action brought against her Kurt Disser and Sabrina Graham. Finds the trial court did not err in denying her motion to dismiss, and that the appellants have failed to establish that the trial court’s judgment is contrary to law.

Malik Johnson v. State of Indiana (mem. dec.)
19A-CR-2026
Criminal. Affirms Malik Johnson’s conviction for Class A misdemeanor theft. Finds the trial court did not commit error and that there is sufficient evidence to support the conviction.

Ronald Abner, Jr. v. Aurora Abner (mem. dec.)
19A-DC-2123
Domestic Relations with Children. Affirms in part, reverses in part. Finds Ronald Abner established reversible error in the trial court’s calculation of the parties’ respective child support obligations because the court failed to include Aurora Abner’s overtime income in its calculation. Remands for proceedings.

Michael R. Ortiz v. State of Indiana (mem. dec.)
19A-CR-1670
Criminal. Affirms Michael Ortiz’s aggregate 105-year sentence for convictions of three counts of attempted murder. Finds the aggregate sentence is not inappropriate in light of the nature of the offenses and his character. Also finds the trial court did not err in refusing to instruct the jury on criminal recklessness.

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