Opinions Nov. 29, 2023

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Court of Appeals of Indiana
A.W. v. State of Indiana
Juvenile. Affirms the denial of A.W.’s motion for relief from judgment pursuant to Indiana Trial Rules 60(B)(6) and (8) without an evidentiary hearing. Finds the Elkhart Circuit Court did not abuse its discretion and was not required to conduct an evidentiary hearing.

Deshawn Luckett v. State of Indiana
Criminal. Affirms Deshawn Luckett’s convictions of two counts of unlawful possession of a firearm by a serious violent felon as a Level 4 felony, possession of a controlled substance as a Level 6 felony and resisting law enforcement as a Class A misdemeanor. Finds the Marion Superior Court’s admission of the state’s late-disclosed exhibits did not violate Luckett’s confrontation right or the prohibition against hearsay. Also finds the trial court acted within its discretion in denying Luckett’s motion to exclude that evidence.

Brian D. Roper v. Ashley D. Roper, n/k/a Ashely D. Darland
Domestic relations with children. Affirms the grant of mother Ashley Darland’s petition to modify custody and parenting time and the order for father Brian Roper’s parenting time to be supervised. Finds the Lake Circuit Court’s order makes the appropriate finding and sufficiently explains its parenting time order.

Anthony A. Brummett, Cheers, Inc., Terry Lee Orrick, and John Doe v. Brian Bailey
Civil tort. Reverses the interlocutory order denying Anthony A. Brummett, Cheers Inc. and Terry Lee Orrick’s motion for summary judgment. Finds the designated evidence does not support piercing the corporate veil. Also finds the appellants did not have notice of present and specific circumstances that would cause a reasonable person to recognize the risk of an imminent criminal attack, nor was Nelson Segura pushing Brian Bailey off a bar stool was foreseeable. Finally, finds that because there is no designated evidence that Bailey suffered an injury, the appellants did not owe him a duty to prevent further harm.

State of Indiana and Indiana Department of Transportation v. John Laughlin and Eileen Laughlin
Civil plenary. Reverses the order of appropriation entered in an inverse condemnation action brought by John and Eileen Laughlin. Finds that in the inverse condemnation context, before entering an order of appropriation, the trial court must hold a factfinding hearing or rule on other dispositive motions to determine whether a taking has occurred. Remands for further proceedings.

Martez James Sevion Jr. v. State of Indiana
Criminal. Dismisses Martez Sevion Jr.’s appeal of the denial of his request to reduce his $100,000 bond. Finds Post-Conviction Rule 2 does not apply to the denial of a bond reduction motion. Also finds an insufficient basis to restore Sevion’s forfeited appeal.

K.B. v. Review Board of the Indiana Department of Workforce Development, et al. (mem. dec.)
Agency action. Affirms the denial of K.B.’s request for unemployment benefits. Finds the evidence supports the findings of the Review Board of the Indiana Department of Workforce Development, and those findings supports the board’s conclusions. Also finds the review board did not err when it affirmed an administrative law judge’s determination that K.B. was not entitled to unemployment benefits.

Craig and Landreth, Inc. v. Greg Dunn, Duro-Last, Inc. and Gutters Stuff, LLC (mem. dec.)
Civil plenary. Affirms the grant of Duro-Last Inc.’s motion for summary judgment, the dismissal of Craig & Landreth Inc.’s complaint against Duro-Last, Greg Dunn and Gutters Stuff, and the denial of C&L’s motion to amend its complaint to add new plaintiffs. Finds the Clark Circuit Court did not abuse its discretion when it denied C&L’s motion to add new parties under Trial Rule 17(A). Also finds the trial court did not err in granting summary judgment in favor of the defendants because C&L was not a real party in interest and could not bring its claims against the defendants.

S.S. and J.E. v. Julie Rizen, Ryan Rizen, Mercy Ambulance of Evansville, Inc., and American Medical Response Ambulance Service, Inc. (mem. dec.)
Civil tort. Affirms the entry of summary judgment in favor of Julie Rizen, Ryan Rizen, Mercy Ambulance of Evansville Inc. and American Medical Response Ambulance Service Inc. Finds the Vanderburgh Superior Court did not err in finding the designated evidence established that the defendants are immune from civil liability.

Robert A. Gaddie v. State of Indiana (mem. dec.)
Criminal. Affirms Robert A. Gaddie’s conviction of Class A misdemeanor operating a vehicle while suspended with a prior conviction within the previous 10 years. Finds the evidence was sufficient.

Chivis Cook v. State of Indiana (mem. dec.)
Criminal. Affirms Chivis Cook’s sentence to six years, with five years served and one year suspended, for Level 5 felony criminal recklessness. Finds the Floyd Superior Court did not abuse its sentencing discretion. Also finds Cook’s sentence is not inappropriate.

David Robert Vu v. State of Indiana (mem. dec.)
Criminal. Affirms David Robert Vu’s six-year sentence for Level 5 felony strangulation. Finds Vu’s sentence is not inappropriate.

Jeremy Lee Miller v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Jeremy Lee Miller’s probation and the order that he serve 558 days of his previously suspended sentence. Finds sufficient evidence supports the revocation of Miller’s probation. Also finds the order that he serve 558 days does not amount to an abuse of discretion.

Gerald Lamont Reed v. State of Indiana (mem. dec.)
Criminal. Affirms Gerald Lamont Reed’s convictions of Level 3 felony robbery and Class A misdemeanor resisting law enforcement. Finds Reed did not attempt to introduce evidence at trial that he now argues was improperly excluded, so he failed to preserve the issue for appeal.

Kevin Webster v. State of Indiana (mem. dec.)
Criminal. Affirms Kevin Webster’s conviction of failing to warn persons at risk that he is a dangerous communicable disease carrier as a Level 6 felony. Finds evidence of probative value was presented from which a reasonable jury could find beyond a reasonable doubt that Webster was guilty. Also finds Webster has not demonstrated fundamental error in the jury instructions.

Erick Matheu v. State of Indiana (mem. dec.)
Criminal. Affirms Erick Matheu’s conviction of Level 1 felony child molesting. Finds the Marion Superior Court did not abuse its discretion in denying Matheu’s motion for a mistrial. Also finds any error in the admission of Matheu’s identification card and Detective Daniel Henson’s testimony about it was harmless.

Ronnie Ryan Price v. Joanne Michelle Downs (mem. dec.)
Domestic relations, no children. Affirms the unequal division of the marital property in the divorce of Ronnie Ryan Price and Joanne Michelle Downs. Finds the Rush Circuit Court did not abuse its discretion.

Thaddeus F. Radziwiecki v. Larson-Danielson Construction (mem. dec.)
Small claims. Reverses the grant of summary judgment in favor of Larson-Danielson Construction. Finds a genuine issue of material fact exists regarding when Thaddeus Radziwiecki discovered or should have discovered the damage to his house. Remands with instructions to deny Larson-Danielson’s motion for summary judgment.

QRP Krisbi, LLC v. Elita R. Buggs (mem. dec.)
Petition for tax deed. Reverses the grant of Elita R. Buggs’ motion for relief from judgment, filed after the Lake Circuit Court granted a petition for a tax deed for property owned by Buggs. Finds there is no evidence that QRP Krisbi LLC fraudulently concealed information from the trial court. Also finds QRP Krisbi has shown prima facie error.

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