Opinions Oct. 5, 2021

Indiana Court of Appeals
In re the Termination of the Parent-Child Relationship of I.L., O.L., V.N., and M.P.N. (Minor Children) and S.T. (Mother) v. Indiana Department of Child Services
21A-JT-418
Juvenile termination of parental rights. Affirms the denial of mother S.T.’s parental rights following a remote final hearing. Finds the minor technological and logistical issues that arose during the hearing were quickly addressed by the court and do not amount to a due process violation. Also finds the evidence was sufficient to terminate S.T.’s parental rights.

Stephen Michael Shelton v. State of Indiana (mem. dec.)
20A-CR-2402
Criminal. Affirms Stephen Michael Shelton’s conviction of murder. Finds the evidence is sufficient to establish that he committed the crime. Also finds no fundamental error occurred during the testimony of a law enforcement officer.

Saxony Town Homes, L.P., an Indiana limited partnership and Golden Manor, L.P., an Indiana limited partnership v. Herman & Kittle Properties (mem. dec.)
21A-PL-281
Civil plenary. Affirms the denial of Saxony Town Homes L.P. and Golden Manor L.P.’s request for a preliminary injunction against their property manager, Herman & Kittle General Partners Inc. Finds Saxony and Golden Manor did not establish that they were entitled to a preliminary injunction.

Paul Dean Newcomb, Jr. v. State of Indiana (mem. dec.)
21A-CR-303
Criminal. Reverses Paul Dean Newcomb Jr.’s sentence to concurrent sentences of 900 days in Elkhart County Community Corrections, with 600 days suspended and one year of probation, for his convictions of possession of methamphetamine as a Class D felony and possession of a syringe as a Class D felony. Finds Newcomb’s appeal is not moot because he received consecutive sentencing in a separate matter following his sentence in this case. Also finds the Elkhart Superior Court abused its discretion when sentencing Newcomb by falling to enter a sentencing statement. Remands for a new sentencing hearing.

In the Matter of the Civil Commitment of K.M. v. Community Health Network, Inc. (mem. dec.)
21A-MH-311
Mental health. Affirms the order of regular commitment, committing K.M. to the custody of Community Health Network Inc. for care and treatment. Finds Community Hospital proved by clear and convincing evidence that K.M. was gravely disabled at the time of the hearing. Also finds the Marion Superior Court did not err when it granted the regular commitment order.

Frank Chester Oliver v. State of Indiana (mem. dec.)
21A-CR-493
Criminal. Affirms Frank Chester Oliver’s five-year cumulative sentence imposed after he pleaded guilty to Level 5 felony battery resulting in serious bodily injury and Level 6 felony strangulation. Finds Oliver has not demonstrated that his five-year cumulative sentence is inappropriate.

Taggart Insurance Center, Inc. v. Aegean LLC d/b/a Public Agency Training Counsel and The Ohio Security Insurance Company (mem. dec.)
21A-PL-1378
Civil plenary. Affirms the denial of Taggart Insurance Center Inc.’s motion to dismiss or transfer venue to Clark County. Finds Aegean LLC d/b/a Public Agency Training Counsel’s allegations against The Ohio Security Insurance Company and Taggart are sufficiently related to Aegean’s Indianapolis location that Marion County qualifies as a preferred venue under Indiana Trial Rule 75(A)(2). Also finds the relevant insurance policy listed Aegean’s Indianapolis location as the covered location, and some of the seminars that did not occur because of the COVID-19 pandemic would have taken place at the Indianapolis location.

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