Court opinions

Indiana Court of Appeals
Taylor Mitchell Fischer v. State of Indiana
25A-CR-494
Criminal. Reverses Taylor Fischer’s conviction in Vanderburgh Circuit Court for neglect of a dependent as a level 1 felony and remands for a new trial on that charge. Finds that the erroneously admitted toxicology report was not harmless. Also finds that Fischer has met his burden of demonstrating how, in light of all the evidence in the case, the error’s probable impact undermines confidence in the outcome of the proceeding. Affirms Fischer’s convictions on two counts of neglect of a dependent as level 6 felonies. Attorney for appellant: Mark Leeman. Attorneys for appellee: Todd Rokita, Kathy Bradley.

Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of A.L., Mother, J.T., Father, and B.T., Child, A.L. and J.T. v. Indiana Department of Child Services
25A-JT-663
Juvenile termination of parental rights. Affirms the Jay Circuit Court’s termination of father J.T.’s parental rights. Finds the trial court’s conclusion that termination of father’s parental rights was in the child’s best interest was supported by clear and convincing evidence. Reverses the trial court’s termination of mother A.L.’s parental rights. Finds that while it is factually correct that the mother had not engaged in services from Department of Child Services, the trial court’s conclusions that the mother had not engaged in services, benefited from services, and had not improved her ability to parent the child are not supported by the evidence. Finally, finds that, by failing to present the statutory notice issue to the trial court, the father waived his argument regarding a lack of statutory notice. Remands for further proceedings. Attorneys for appellant: Joshua Brown, Ana Quirk. Attorneys for appellee: Todd Rokita, Monika Talbot.

Indiana Court of Appeals
Aaron Howe and Kinsey Howe v. Lehe Farms, Inc. and DK Livestock, LLC
25A-PL-226
Civil plenary. Affirms the White Circuit Court’s order granting judgment to LeheFarms, Inc. and DK Livestock LLC for its claims to quiet title to a disputed 2.7-acre strip of land under three theories: title by acquiescence, adverse possession, and prescriptive easement. Finds the trial court carefully evaluated extensive testimony showing nearly 70 years of consistent boundary recognition between the Lehes and the Hendryx family. Also finds the evidence amply supported the trial court’s conclusion that both families, through their conduct, implicitly agreed to the fence as the boundary between their properties. Attorney for appellant: Aaron Spolarich. Attorneys for appellee: Brian Karle, John Schafer.

7^th Circuit Court of Appeals
Airrion S. Blake v. United States of America
23-2399
Prisoner. Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Joseph Van Bokkelen. Affirms Airrion Blake’s convictions in district court for making a false, fictitious, or fraudulent claim and theft of government money. Finds when Blake went to trial and was convicted on charges of tax fraud in March 2018, he was represented by a licensed attorney. Also finds Blake’s § 2255 motion to vacate his sentence based on ineffective assistance of counsel required him to show that his trial attorney performed deficiently in ways that prejudiced his case, which Blake has not demonstrated. Attorney for appellant: Kevin Weehunt, Jr. Attorneys for appellee: David Hollar, Nathaniel Whalen.

Indiana Court of Appeals
Matthew Dale Thies Sr. v. State of Indiana
24A-PC-2600
Post-conviction relief. Affirms the Dearborn Superior Court’s denial of Matthew Thies’ petition for post-conviction relief. Finds Thies has failed to demonstrate that a reasonable jury could have reached a different verdict but for counsels’ alleged errors. Also finds that even if trial counsels’ performance may have fallen short of ideal standards in some respects, Thies has failed to prove that he was prejudiced by the alleged errors. Finally, finds the post-conviction court, therefore, did not err in determining that Thies did not prove that he had received ineffective assistance of trial counsel. Attorney for appellant: Michael Cunningham. Attorneys for appellees: Todd Rokita, Robert Yoke.

Indiana Court of Appeals
Indiana State Health Commissioner, in the officer’s official capacity, and Voices for Life, Inc. v. Caitlin Bernard, M.D., and Caroline Rouse, M.D.
25A-PL-782
Civil plenary. Affirms the Marion Superior Court’s order that concluded that Caitlin Bernard and Caroline Rouse had standing as doctors to seek a declaratory judgment and were entitled to a preliminary injunction prohibiting the Indiana Health Commissioner from disclosing terminated pregnancy reports in response to any Indiana Access to Public Records Act requests. Finds the trial court did not err in concluding that the doctors have standing to seek a declaratory judgment. Also finds the absence of a patient’s name from a TPR does not make it something other than a patient medical record. Finally, finds that the trial court did not abuse its discretion in granting the doctors a preliminary injunction as to the TPRs submitted by doctors. Attorneys for appellants: Todd Rokita, James Barta, Katelyn Doering, Patrick Gillen, Benjamin Horvath. Attorneys for appellees: Tanya Pellegrini, Kathrine Jack, Stephanie Toti, Juanluis Rodriguez.

Indiana Court of Appeals
In the Matter of: T.F. and M.F. (Minor Children) and D.F. (Mother) v. Indiana Department of Child Services
25A-JC-1450
Juvenile CHINS. Affirms the Shelby Superior Court’s adjudication of D.F.’s children, T.F. and M.F., as children in need of services and the dispositional decree continuing their removal from her care. Finds that the mother has not demonstrated the trial court abused its discretion when adjudicating children as CHINS or entering the dispositional decree. Attorney for appellant: Cara Wieneke. Attorneys for appellee: Todd Rokita, Abigail Recker.

Indiana Court of Appeals
Dennis Robinson, et al. v. Dana Nunley, et al.
25A-TR-189
Trust. Reveres the Jasper Circuit Court’s he trial court’s order interpreting an amendment to the Janet L. Robinson Revocable Living Trust Agreement to have the grandchildren share a $170,993.01 payment out of the residuary of the revocable trust prior to the final distribution of the residuary. Finds the trial court interpreted the first amendment to the revocable trust to reflect an intention by Robinson to do something other than what the language of the amendment states. Attorneys for appellants: Matthew Land, Katherine Piscione. Attorneys for appellees: Jackie Starbuck, Brian Karle.

Indiana Court of Appeals
State of Indiana v. Mitchell Jay Bozarth
25A-CR-978
Criminal. Reverses the Wayne Superior Court’s granting of Mitchell Bozarth’s motion to dismiss his charges of dealing in a narcotic drug, a Level 2 felony, and operating a vehicle while intoxicated endangering a person, a Class A misdemeanor. Finds the dashcam video was not materially exculpatory and was at most potentially useful given that Bozarth admitted that the heroin belonged to him. Also finds that because the evidence was merely potentially useful, Bozarth was required to show bad faith on the part of the police in failing to preserve the video, there was no evidence of bad faith and the trial court abused its discretion in granting Bozarth’s motion to dismiss. Attorneys for appellant: Todd Rokita, Jesse Drum. Attorney for appellee: Peter Capofari.

Indiana Court of Appeals
Mary Kem, Kevin J. Roseberry, Rita J. Bass, and Fred E. Kem v. Reggie Spencer
24A-PL-1936
Civil plenary. Affirms the Grant Circuit Court’s order that denied Mary Kern, Kevin Roseberry, Rita Bass and Fred Kern’s motion to transfer venue to Jasper County. Finds that Grant County is a preferred venue under Indiana Trial Rule 75(A)(2). Also finds that the trial court did not err when it denied their motion to transfer venue for their complaint from Grant County to Jasper County. Attorneys for appellant: Gregory Neibarger, Charles Oswald. No attorney listed for appellee.

Indiana Court of Appeals
CSX Transportation, Inc. and Daniel B. Cox v. Jasmina Poluciano, Maya Poluciano, and Adny Poluciano, by next friend and parent, Jasmina Poluciano
25A-CT-393
Civil tort. Affirms the Marion Superior Court’s order order denying CSX Transportation and Daniel Cox’s motion to transfer venue in a negligence action filed against them by Jasmina Poluciano and her children, Maya Poluciano and Adny Poluciano. Finds that because the defendants have not shown that the Hendricks County location meets the definition of a “principal office” for purposes of Trial Rule 75(A)(4)’s preferred venue status, the trial court did not err by denying the defendants’ motion to transfer venue to Hendricks County. Attorneys for appellants: Sarah Dimmich, Paul Jefferson. Attorneys for appellees: Robert King, Jr., David Thompson.

7^th Circuit Court of Appeals
Lorena E. Bostic v. Clarence D. Murray and Jan Parsons
23-1665
Civil. Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Joshua Kolar. Affirms the district court’s granting of summary judgment in favor of Lake County probation officer Miroslav Radiceski’s supervisors, Judge Clarence Murray and Jan Parsons. Finds Parsons and Murray could have done more to prevent Radiceski’s abuse of authority, but their behavior did not rise to a level of deliberate indifference and they were entitled to qualified immunity. Also finds they did not violate Lorena Bostic’s constitutional rights. Attorneys for appellant: David Gladish, Mark Schocke. Attorneys for appellees: Kyle Hunter, James Barta, Benjamin Jones, Katelyn Doering.

Indiana Court of Appeals
Billy G. Luke v. State of Indiana
24A-CR-2668
Criminal. Affirms Billy Luke’s convictions in Dearborn Circuit Court of f multiple counts of stalking as Level 4 felonies and invasion of privacy as Level 6 felonies and his sentence to 61.5 years in prison. Finds the trial court did not err by denying Luke’s motion to dismiss the stalking charges, the trial court did not err by denying Luke’s motion to sever the charges and the state presented sufficient evidence to support Luke’s convictions for invasion of privacy regarding the 2019 no contact order. Also finds Luke’s sentence is not unconstitutionally disproportionate. Attorney for appellant: R. Patrick Magrath. Attorneys for appellee: Todd Rokita, George Sherman.

Indiana Court of Appeals
Tejinder Aulakh  and Mohinder Aulakh, Harbhajan Aulakh, Northlake Investment LLC, and Greenhill Investment LLC v. Navneet Aulakh
24A-DC-3027
Domestic relations with children. Affirms the Hendricks Superior Court’s division of property and child support award in the dissolution of Tejinder Aulakh’s marriage to Navneet Aulakh. Finds the trial court properly denied the motion for summary judgment filed by Northlake Investment LLC and Greenhill Investment LLC. Also finds the husband has failed to demonstrate that the trial court’s conclusions regarding the contents of the marital estate, valuation of marital assets, division of the marital estate, or child support are clearly erroneous. Attorneys for appellants: Bryan Ciyou, Anne Lowe. William Riley, Russell Cate, Sundeep Singh. Attorneys for appellee: Brian Zoeller, Gabriel Hawkins, Michael McBride, Julie Andrews.

Indiana Court of Appeals
Janette Sue Jackson, Jody Ann Stanley, and Jeffrey Lynn Jackson v. Jay Thomas Jackson
25A-CT-1575
Civil tort. Reverses the Clark Superior Court’s order entering summary judgment in favor of Jay Thomas Jackson. Finds Janetta Jackson, Judy Stanley and Jeffrey Jackson presented clear and convincing evidence of unilateral mistake in the first deed and that both corrections made by the second deed—correcting the intended donees of her gift and correcting the legal description of Woodburn Farm—reflected their mother’s actual intent in making the gift to the siblings. Also finds Jay Jackson does not point to designated evidence establishing the existence of a question of fact as to the intent of the mother as the donor. Remands with instructions to grant the siblings’ motion for summary judgment, deny Jay’s motion for summary judgment, dismiss Jay’s complaint, issue an order that the first deed did not convey any interest in Woodburn Farm to Jay, and enter any further necessary orders consistent with this opinion. Attorneys for appellants: Jared Baker, Matthew Senko. Attorney for appellee: Robert DeWees III.

Indiana Court of Appeals
Austin T. Wyatt v. State of Indiana
25A-CR-83
Criminal. Affirms the Tippecanoe Superior Court’s denial of the emergency motion for immediate release that Austin Wyatt filed when he was being held in jail awaiting a hearing on a petition to revoke his probation. Finds the trial court did not err in denying Wyatt’s motion for an immediate release because the trial court could still exercise jurisdiction over Wyatt. Remands for further proceedings on the state’s petition to revoke Wyatt’s probation. Attorney for appellant: Robert Little. Attorneys for appellee: Attorney General Todd Rokita, Justin Roebel.

Indiana Court of Appeals
Brady McDaniel v. State of Indiana
25A-CR-798
Criminal. Affirms the Madison Circuit Court’s denial of Brady McDaniel’s motion for a mistrial. Finds the court gave a timely admonishment to the jury to disregard the improper reference to McDaniel’s conditional driver’s license. Also finds the trial court did not abuse its discretion when it denied the motion for a mistrial. Attorney for appellant: Brandon Townsend. Attorney for appellee: Attorney General Todd Rokita, Courtney Staton

Indiana Court of Appeals
Jason Stanke v. Nichole Schmitt
25A-DC-555
Domestic relations with children.  Affirms the Hendricks Superior Court’s calculation of Nichole Schmitt’s weekly gross income. Finds the trial court erred when it deviated from the parties’ stipulation and recalculated Jason Stanke’s income. Reverses and remands for recalculation of the parties’ respective child support obligations using the father’s weekly gross income as stipulated. Attorney for appellant: Rachelle Ponist. Attorneys for appellee: Zachariah Phillips, Sarah Schnautz.

Indiana Court of Appeals
Craig R. Hendry v. State of Indiana
25A-CR-22
Criminal. Affirms Craig Hendry’s convictions in Vermillion Circuit Court of Level 6 felony stalking and Class B misdemeanor aiding, inducing, or causing harassment. Finds the evidence of Hendry’s impermissible contacts with P.K.—including banging on her door, filming her through her closed blinds, and following her to her car—support his conviction for stalking. Also finds the record supports the conclusion that Hendry’s posting of inflammatory videos on YouTube and his provision of the city’s contact information therewith “so that [his viewers] could call” constituted aiding, inducing, or causing the harassment of city workers. Attorney for appellant: Kay Beehler. Attorneys for appellee”: Attorney General Todd Rokita, Jennifer Anwarzai.

Indiana Court of Appeals
Speedway, LLC v. Kendall Shedd
25A-EX-1386
Workers’ compensation. Dismisses Speedway’s appeal of the Full Worker’s Compensation Board’s denial of its motion to dismiss Shedd’s claim. The court holds that the board’s order was not a final appealable order, as it did not resolve all issues or include Trial Rule 54(B) certification. The board had found that no settlement occurred between Shedd and the third-party tortfeasor because no payment was issued under the signed release, meaning Speedway’s statutory termination argument was premature. The appeal is dismissed for lack of jurisdiction.