Opinions

Court of Appeals of Indiana
Ji J. Lian v. Health and Hospital Corporation of Marion County (mem. dec.)
22A-OV-2758
Ordinance violation. Affirms the orders requiring Ji Jing Lian to remedy the various health code violations on the interior and exterior portions of her property by a certain date and, in the event she did not comply, ordering the Health and Hospital Corporation of Marion County and/or its contractors to vacate the premises and clean up the exterior, with a resulting lien for the costs incurred. Finds Lian did not raise her Fourth Amendment argument in the Marion Superior Court, so she cannot pursue it on appeal.

Court of Appeals of Indiana
A.W. v. State of Indiana
23A-JV-1609
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.

Court of Appeals of Indiana
Anonymous Provider 2 v. Estate of Ryan K. Askew, by Fornetta Askew, Personal Representative
23A-CT-992
Civil tort. Dismisses Anonymous Provider 2’s appeal of the denial of his motion to dismiss under Indiana Trial Rule 12(B)(1). Finds Anonymous Provider 2 is appealing from an interlocutory order, but he does not assert the right to do so under Appellate Rule 14(A), there is no indication he sought certification from the Lake Superior Court or permission from the Court of Appeals to file a discretionary interlocutory appeal, and he has not stated a statutory right to appeal. Remands for further proceedings.

Court of Appeals of Indiana
Forty Acre Cooperative and Angela Dawson v. Rita Delliquadri; Larry Gambles; Milton Louis; Deborah L. McCullough; Telisa Sims, individually and in her capacity as the personal representative of the estate of Alton Sims, Sr.; and Brenda J. Thomspon (mem. dec.)
23A-PL-1119
Civil plenary. Affirms the denial of the appellants’ motion for relief from judgment, filed after the Lake Superior Court entered default judgment against them. Finds the trial court did not err.

Court of Appeals of Indiana
In the Termination of the Parent-Child Relationship of: A.L. and N.L. (Minor Children), And M.L. (Father) and L.L. (Mother) v. Indiana Department of Child Services
23A-JT-1076
Juvenile termination of parental rights. Affirms the Lawrence Circuit Court’s termination of M.L. and L.L.’s parental rights to minor children N.L. and A.L. Finds the trial court did not abuse its discretion by refusing to admit certain evidence requested by the parents. Also finds the Indiana Department of Child Services presented sufficient evidence to support its petitions to terminate the parent-child relationship.

Court of Appeals of Indiana
In the Matter of B.M., C.M., and S.M. (Minor Children), Children in Need of Services, and N.M. (Father) v. Indiana Department of Child Services
23A-JC-1285
Juvenile CHINS. Affirms the DeKalb Circuit Court’s child-in-need-of-services adjudications for father N.M.’s children, B.M., C.M. and S.M. Finds the trial court did not abuse its discretion by denying counsel’s motion to withdraw at the start of the factfinding hearing. Also finds sufficient evidence supports the CHINS adjudications.

Court of Appeals of Indiana
Steven Slater, Jr. v. State of Indiana
22A-CR-3060
Criminal. Affirms Steven Slater’s convictions in Allen Superior Court of Level 6 felony possession of methamphetamine and Class A misdemeanor resisting law enforcement, his adjudication as a habitual offender, and the revocation of his probation as a result of his new convictions. Finds the state presented sufficient evidence to support Slater’s convictions. Also finds his aggregate eight-year sentence in F6-1027 is not inappropriate given the nature of his offenses and his character. Finally, finds the trial court did not abuse its discretion in ordering Slater to serve the entirety of his previously suspended sentence.

Court of Appeals of Indiana
In Re: The Adoption of P.J.W. James D. DeClerck and Marilyn J. DeClerck v. Ronald J. Walters
23A-AD-1254
Adoption. Affirms the Montgomery Superior Court’s denial of James and Marily DeClerck’s petition to adopt P.J.W. Finds the trial court did not abuse its discretion when it found that adoption is not in the child’s best interests. Judge Terry Crone dissents with separate opinion.

Court of Appeals of Indiana
Steven E. Malloch v. State of Indiana
22A-PC-2053
Post-conviction relief. Affirms the DeKalb Superior Court’s denial of Steven Malloch’s petition for post-conviction relief. Finds Malloch’s trial attorney, John Bohdan, did not perform deficiently by not calling an expert witness about false confessions at Malloch’s trial because he pursued other strategies calculated to sow doubt regarding the veracity of Malloch’s confession. Also finds Bohdan didn’t perform deficiently when he did not call a sleep expert who could not provide an opinion supportive of Malloch or a sleep expert who would have been a reluctant and equivocal witness at best.

Court of Appeals of Indiana
John E. Moriarity, Mae E. Moriarity, and C-A-R-E Auto Auction, Inc. v. State of Indiana, Indiana Natural Resources Commission, and Indiana Department of Natural Resources
22A-PL-2899
Civil plenary. Affirms the Grant Circuit Court’s dismissal of John and Mae Moriaritys’ inverse condemnation action. Finds the complaint did not successfully plead a regulatory taking.

Court of Appeals of Indiana
Marion Superior Court Probation Department v. Cheryl Trapuzzano and Jennifer Trapuzzano, as Co-Personal Representatives of the Estate of Nathan Trapuzzano, Deceased
23A-CT-61
Civil tort. Reverses the denial of the Marion Superior Court Probation Department’s motion for summary judgment regarding claims brought by Cheryl and Jennifer Trapuzzano, as co-personal representatives of the Estate of Nathan Trapuzzano. Finds the probation department has quasi-judicial immunity from liability for the estate’s claims. Remands.

Court of Appeals of Indiana
Herman O. Fritz v. State of Indiana
22A-CR-2340
Criminal. Affirms and reverses in part Herman O. Fritz’s convictions of Level 6 felony possession of methamphetamine, Class A misdemeanor resisting law enforcement, Class A misdemeanor possession of marijuana with a prior conviction and Class C misdemeanor possession of paraphernalia. Finds the Elkhart Superior Court did not abuse its discretion in the admission of evidence seized from a pat-down search and subsequent search incident to Fritz’s arrest. Also finds the state failed to present sufficient evidence to sustain Fritz’s possession-of-marijuana conviction. Remands with instructions for the trial court to vacate Fritz’s conviction and sentence for the Class A misdemeanor possession-of-marijuana conviction.

Thursday opinions
Court of Appeals of Indiana
Laurie Gardner v. Anonymous Physician
23A-CT-345
Civil tort. Reverses the Lake Superior Court’s order dismissing Laurie Gardner’s medical malpractice complaint against Anonymous Physician based on Indiana Trial Rule 12(B)(1) for lack of subject-matter jurisdiction. Finds that while Gardner may not proceed against Anonymous Physician based on his treatment of another patient or his actions as a medical director at the hospital, she may pursue a medical malpractice action related to any treatment she received from Anonymous Physician for her workplace injury. Remands for further proceedings.

Court of Appeals of Indiana
In the Matter of the Adoptions of S.S. and A.S. M.S. (Mother) v. Dr.S. and De.S. (mem. dec.)
23A-AD-1237
Adoption. Reverses the issuance of an adoption decree for mother M.S.’s two children. Finds the issuance of the Decree of Adoption was premature. Also finds the Morgan Superior Court did not err in concluding that adoptive grandparents Dr.S. and De.S. proved by clear and convincing evidence that for at least one year, M.S. failed without justifiable cause to communicate significantly with the children when able to do so. Remands.

Court of Appeals of Indiana
Brandon E. Klein v. Leanne Salatas (mem. dec.)
23A-DR-1640
Domestic relations. Affirms Lake Superior Court’s denial of Brandon Klein’s motion to set aside the default judgment entered against him on pending motions in the child custody proceeding. Finds the trial court did not abuse its discretion when it denied Klein’s Trial Rule 60(B) motion. Also finds father should have pursued a direct appeal from the trial court’s denial of his motion to correct error.

Court of Appeals of Indiana
Dustin J. McKee v. State of Indiana (mem. dec.)
23A-CR-549
Criminal. Affirms Dustin McKee’s conviction for murder and aggregate 83-year sentence in the Elkhart Circuit Court. Finds any instructional error was invited. Also finds the evidence is sufficient to rebut McKee’s claim of self-defense and to negate sudden heat. Finally, finds his aggregate sentence is not inappropriate.

Indiana Supreme Court
In the Matter of Theodore E. Rokita
23S-DI-258
Attorney discipline. Publicly reprimands Indiana Attorney General Todd Rokita for violating Indiana Professional Conduct Rules 3.6(a) and 4.4(a) by making an extrajudicial statement that had a substantial likelihood of materially prejudicing an adjudicative proceeding and had no substantial purpose other than to embarrass or burden Dr. Caitlin Bernard. The costs of the proceeding, $250, are assessed against Rokita. Chief Justice Loretta Rush and Justice Christopher Goff dissent without separate opinion, finding the discipline too lenient based on Rokita’s position and the scope and breadth of the admitted misconduct.

Court of Appeals of Indiana
Frank Garber v. Robert Blair (mem. dec.)
23A-CT-953
Civil tort. Affirms the judgment in favor of Frank Garber on his counterclaim against Robert Blair in which Garber sought to foreclose on Blair’s mortgage and recover damages for breach of contract. Finds Garber has not shown any error in the Kosciusko Circuit Court awarding him $100,200 plus $5,000 in attorney fees.

Indiana Supreme Court
State of Indiana v. $2,435 in United States Currency and Alucious Q. Kizer
23S-CR-72
Criminal. Affirms the Allen Circuit Court’s order vacating its previous order granting the state’s motion to strike Alucious Kizer’s demand for a jury trial. Finds a claimant in an action brought under Indiana’s civil forfeiture statute has a constitutional right to trial by jury. Remands for a jury trial.

Court of Appeals of Indiana
Jennifer L. Dean v. State of Indiana
22A-CR-2104
Criminal. Affirms Jennifer Dean’s conviction of felony murder and her 60-year sentence. Finds the Carroll Circuit Court’s remark endorsing an 80% certainty as a description of the reasonable doubt standard was improper but does not rise to the level of fundamental error. Also finds sufficient evidence supports Dean’s conviction. Finally, finds her sentence is not inappropriate.