Opinions May 15, 2023

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Court of Appeals of Indiana
In the Matter of the Civil Commitment of: J.G. v. Community Health Network, Inc.
Mental health. Dismisses J.G.’s appeal as moot. Finds her temporary commitment has expired and she has failed to show an applicable exception to the mootness doctrine. Also finds J.G. has failed to show that this is a “close case” such that the mootness doctrine should not be applied.

Richard Sharp v. Armstrong Relocation
Agency action. Affirms the dismissal of Richard Sharp’s worker’s compensation claim in Indiana after he was injured in a car accident in Indiana while on the job for a Kentucky company. Finds Sharp’s claim wasn’t timely filed.

Nancy Coulson-Smith v. John C. Coulson, as Successor Trustee of the Zoe E. Coulson Trust, et. al.
Civil plenary. Reverses and remands to the Sullivan Circuit Court with instructions to vacate its order dismissing Coulson-Smith’s complaint and reinstate her cause of action. Finds that as no party has contended that Coulson-Smith did not file her complaint contesting the validity of a 2016 amendment to the Zoe E. Coulson Agreement of Trust within the time allowed by a tolling agreement, Coulson-Smith is entitled to judgment as a matter of law that her complaint is not untimely.

Menard, Inc. v. Marilyn K. Terew
Civil tort. Affirms and reverses in part the judgment in favor of Marilyn K. Terew in her complaint against Menard Inc. after she fell on ice in a Menards parking lot. Finds the challenged photograph was relevant and its probative value was not substantially outweighed by a danger of unfair prejudice or misleading the jury. Also finds the Hendricks Superior Court did not abuse its discretion in allowing Hicks’ testimony. Finally, finds the evidence regarding Terew’s damages including her pain and suffering is unclear. Remands for a new trial on the issue of damages and for further proceedings.

Rick A. Deck v. State of Indiana (mem. dec.)
Criminal. Affirms Rick Deck’s conviction of Level 4 felony child solicitation, the finding that he is a habitual offender and his 32-year sentence. Finds the Jefferson Circuit Court did not err in denying Deck’s motion to dismiss the case under Indiana Criminal Rule 4(B). Also finds his sentence is not inappropriate.

Tayshawn Malczynski v. State of Indiana (mem. dec.)
Criminal. Affirms Tayshawn Malczynki’s sentence to an aggregate of 60 years, with 10 years suspended, for convictions of Level 1 felony attempted murder and Level 2 felony voluntary manslaughter. Finds Malczynski has waived for appellate review his argument that the St. Joseph Superior Court erred when it expressed disagreement with his argument that it could impose a sentence enhancement of between five and 20 years but was not required to impose any sentence enhancement at all, given that the trial court complied with the plea agreement when it imposed an enhancement. Also finds the sentence is not inappropriate.

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