Opinions Oct. 30, 2020

Indiana Court of Appeals
Nathan Kluger and Laura Kluger v J.J.P. Enterprises, Inc. d/b/a SERVPRO of North Lexington
20A-PL-235
Civil plenary. Reverses the grant of partial summary judgment in favor of J.J.P. Enterprises Inc. d/b/a Servpro of North Lexington and against Nathan and Laura Kluger. Finds that the $150 contract-price threshold under Indiana’s Home Improvement Contracts Act has been satisfied as a matter of law in this instance, so the Posey Circuit Court erred in granting Servpro’s motion for partial summary judgment. Remands with instructions that the trial court enter partial summary judgment in the Klugers’ favor and to conduct further proceedings consistent with the opinion.

Castleton Corner Owners Association, Inc. v. Conroad Associates, L.P. and McKinley, Inc.
19A-PL-2687
Civil plenary. Affirms in part and reverses in part the ruling in favor of Conroad Associates L.P. on its breach of contract claim against Castleton Corner Owners Association Inc. but reverses the award of damages to Conroad. Finds the Marion Superior Court did not err when it concluded the association breached the terms of the Declaration of Development Standards, Covenants, and Restrictions because the declaration imposed a contractual obligation on the association to ensure the lift station operation continuously. Also finds the trial court erred when it calculated Conroad’s damages because it awarded Conroad twice for certain damages. Declines to award lost rent for the two option terms. Remands with instructions to recalculate Conroad’s damages.

 Joshua Andrew Jones v. State of Indiana (mem. dec.)
20A-CR-1108
Criminal. Affirms Joshua Jones’ conviction for Class A misdemeanor domestic battery. Finds the St. Joseph Superior Court cured the prosecutor’s improper comment during the trial, and reversal of Jones’ conviction is not warranted.

David Pannell v. Robert Carter, et al. (mem. dec.)
19A-PL-2714
Civil plenary. Affirms the denial of David Pannell’s motion for extension of time to file an amended complaint. Finds the Marion Superior Court did not abuse its discretion.

Dominique Quinn Brisker v. State of Indiana (mem. dec.)
20A-CR-707
Criminal. Affirms Dominique Brisker’s conviction for Level 4 felony unlawful possession of a firearm by a serious violent felon. Finds no constitutional violation or abuse of discretion.

William G. Neighbors v. State of Indiana (mem. dec.)
20A-CR-1230
Criminal. Affirms the revocation of William Neighbors’ probation. Finds no abuse of the Orange Superior Court’s discretion. Also finds sufficient evidence to show that Neighbors violated the terms of his probation by failing to enroll in and successfully complete the Orange Superior Court Alcohol and Drug Program.

Robert E. West, Jr. v. Anicka M. West and State of Indiana by the IV-D Prosecutor of Wells County (mem. dec.)
20A-DR-1145
Domestic relations. Affirms the denial of Robert West Jr.’s motion to modify his child support obligation. Finds West’s arguments are simply a request to reweigh the evidence and credibility of the witnesses.

Jae’Vianne Camerial Aldridge v. State of Indiana (mem. dec.)
20A-CR-264
Criminal. Affirms Jae’Vianne Aldridge’s conviction for Level 5 felony reckless homicide. Finds sufficient evidence to support the conviction.

Jermy J. Rohrer v. State of Indiana, et al. (mem. dec.)
19A-MI-1319
Miscellaneous. Affirms the denial of Jermy Rohrer’s petition for post-conviction relief. Finds no error in the denial of his petition.

Mariah Ridley v. Kroger (mem. dec.)
20A-SC-425
Small claims. Affirms Mariah Ridley’s small claims judgment in her favor, finding the amount of damages awarded by the court was consistent with the evidence presented.

Randall Edward Echard v. State of Indiana (mem. dec.)
20A-CR-924|
Criminal. Affirms Randall Echard’s aggregate 48-year sentence, with 43 years executed and five years suspended to supervised probation, for conviction of Level 1 felony child molesting and for being a habitual offender. Finds the sentence is not inappropriate in light of the nature of the offense and the character of the offender. Remands with instructions for the Tippecanoe Superior Court to strike the second paragraph of the electronic device user agreement.

Daniel L. Cornett v. State of Indiana (mem. dec.)
20A-CR-1097
Criminal. Affirms Daniel Cornett’s sentence to an aggregate of four years for two counts of Level 6 felony unlawful possession of a syringe. Finds his sentence is not inappropriate.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of K.B. (Minor Child) and T.B. (Father) v. Indiana Department of Child Services (mem. dec.)
20A-JT-816|Juvenile termination of parental rights. Affirms the termination of father T.B.’s parent-child relationship with his son, K.B. Finds the evidence and reasonable inferences are sufficient to support the Tippecanoe Superior Court’s conclusion that termination of father’s parental rights is in child’s best interests. Also finds father has failed to establish that the trial court clearly erred in concluding that there is a reasonable probability that the conditions that resulted in child’s removal from or continued placement outside the home will not be remedied.

Jeremy Eugene Jabbar Johnson v. State of Indiana (mem. dec.)
20A-CR-779
Criminal. Affirms Jeremy Johnson’s conviction for Class B misdemeanor disorderly conduct. Find that evidence of probative value exists from which the jury could find Johnson guilty of disorderly conduct as a Class B misdemeanor.

In the Matter of the Paternity of B.L.H.: B.F.H. v. K.E.G., et al. (mem. dec.)
20A-JP-1122
Juvenile paternity. Affirms the denial of father B.F.H.’s petition to rescind his paternity affidavit and request for genetic testing. Finds the Grant Superior Court did not err when it denied father’s petition to rescind his paternity affidavit and request for genetic testing on the grounds that father failed to prove that fraud, duress or material mistake of fact existed in the execution of the paternity affidavit per Indiana Code § 16-37-2-2.1(l).

Samuel L. Wait v. State of Indiana (mem. dec.)
20A-CR-1188
Criminal. Affirms the denial of Samuel Wait’s motion to correct erroneous sentence. Finds his claims were not properly brought in a motion to correct erroneous sentence under Indiana Code § 35-38-1-15.

Corey Allen Greenlee v. State of Indiana (mem. dec.)
20A-CR-411
Criminal. Reverses Corey Greenlee’s 101-year sentence for convictions of child molesting and other sex offenses. Reduces the sentence to 49 years, finding finds his former sentence to be inappropriate. Remands.

Anthony J. Demarco v. State of Indiana (mem. dec.)
20A-CR-627
Criminal. Affirms the denial of Anthony DeMarco’s petition for permission to file a belated notice of appeal. Finds the issue is waived for review.

Andre Chandler v. State of Indiana (mem. dec.)
20A-CR-826
Criminal. Reverses one of Andre Chandler’s five counts of Level 4 felony child molesting. Finds that Chandler’s conviction under Jury Count 8 was not supported by sufficient evidence. Remands to the Marion Superior Court with instructions to vacate the judgment of conviction for child molesting as a Level 4 felony from Jury Count 8.

J.M. v. State of Indiana (mem. dec.)
20A-JV-1138
Juvenile. Affirms the juvenile dispositional order awarding custody of J.M. to the Indiana Department of Correction. Finds J.M. has not demonstrated an abuse of the juvenile court’s discretion.

Kenneth H. Palmer, III v. State of Indiana (mem. dec.)
19A-CR-2227
Criminal. Affirms Kenneth H. Palmer III’s conviction for possession of a synthetic drug or a synthetic drug lookalike substance. Reverses the Marion Superior Court’s imposition of a Class C misdemeanor judgment and sentence. Finds Palmer’s challenge to the trial court’s admission of evidence is moot. Also finds there is sufficient evidence to support the conviction. Finally, finds the state is authorized to raise its cross-appeal, and the trial court erred by entering a judgment and imposing a sentence under Indiana Code § 35-48-4-11.5 as a Class C misdemeanor. Remands with instructions to enter judgment of conviction on possession of a lookalike substance under the statute as a Class A misdemeanor and to resentence Palmer accordingly.

Antonio K. Rush v. State of Indiana (mem. dec.)
20A-CR-722
Criminal. Affirms Antonio K. Rush’s conviction of one count of Level 5 felony burglary and two counts of Level 5 felony attempted burglary, and the order that he pay a $1,000 supplemental public defender fee. Finds the Wayne Superior Court did not abuse its discretion in removing Rush from the courtroom and continuing the trial in his absence, nor did it abuse its discretion when it ordered him to pay the supplemental public defender fee.

Ronald E. Summers, III v. Richard Evans as Personal Representative of Mary E. Summers and Richard Evans (mem. dec.)
20A-DR-288
Domestic relations. Affirms and reverses in part the Madison Circuit Court’s order dividing the marital estate of Ronald Summers III and Mary Evans. Finds the order dividing the marital estate pursuant to the terms of a prenuptial agreement was not clearly erroneous except for its failure to divide the parties’ backhoe. Remands for the trial court to value and equally divide that joint asset.

Mond Davidson Kelley v. State of Indiana (mem. dec.)
20A-CR-835
Criminal. Affirms Mond Davidson Kelley’s convictions for Level 6 felony operating a vehicle after being a habitual traffic offender, Level 6 felony resisting law enforcement, Class B misdemeanor possession of marijuana and Class C misdemeanor possession of paraphernalia. Finds the evidence is sufficient to sustain Kelley’s convictions.

Ebony S. Taylor v. State of Indiana (mem. dec.)
20A-CR-765
Criminal. Affirms Ebony S. Taylor’s conviction of Class A misdemeanor battery resulting in bodily injury and her sentence to 365 days, all but two days suspended to probation, plus 80 hours of community service. Finds the state presented sufficient evidence to support Taylor’s conviction because Lisa Greene’s testimony regarding the battery incident was consistent with human experience and not inherently contradictory. Also finds Taylor’s sentence is not inappropriate given the nature of her offense and her character.

William Kyle Floyd v. Haus Roofing, LLC (mem. dec.)
20A-MI-70
Miscellaneous. Affirms the judgment in favor of Haus Roofing LLC and against William Floyd. Finds the Clark Circuit Court properly denied Floyd’s request for a jury trial. Also finds the trial court properly found that Floyd, not Haus, breached the contract. Finally, finds the trial court properly awarded Haus attorney fees.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of: St.I. and A.P. (Minor Children) and S.I. Jr. (Father) v. The Indiana Department of Child Services (mem. dec.)
20A-JT-453
Juvenile termination of parental rights. Affirms the termination of father S.I. Jr.’s parental rights to St.I. and A.P. Finds sufficient evidence support the termination of father’s parental rights. Also finds the Morgan Superior Court did not err in admitting Kelly Gilkerson’s testimony. Finally, finds no reversible error arises from the exclusion of J.C. or St.I.’s testimony.

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