Opinions Dec. 18, 2017

Indiana Court of Appeals
Miguel Alvarado v. State of Indiana
12A04-1704-CR-818
Criminal. Affirms the denial of Miguel Alvarado’s motion to introduce evidence that his ex-wife’s daughter, M.L., had been molested by her mother’s new boyfriend, and the denial of his motion to reopen evidence after the state’s closing argument. Finds the Clinton Circuit Court did not abuse its discretion in refusing to admit evidence that M.L. was molested by her mother’s new boyfriend, or in denying Alvarado leave to reopen evidence.

Tony McMiller v. State of Indiana
49A02-1706-CR-1192
Criminal. Affirms and reverses in part Tony McMiller’s convictions of Class A misdemeanor theft and Class B misdemeanor disorderly conduct. Finds the state did not present sufficient evidence McMiller consumed food and drink with an intent to deprive Scotty’s Brewhouse of the value thereof, so the evidence was insufficient to prove he committed Class A misdemeanor theft. Also finds the state presented sufficient evidence McMiller committed Class B misdemeanor disorderly conduct.

In the Matter of Jay.C. and L.R., Jr. (Minor Children), Children in Need of Services, and Jaq.C. (Mother) v. The Indiana Department of Child Services (mem. dec.)
49A04-1706-JC-1401
Juvenile CHINS. Affirms the adjudication of Jay.C. and L.R., Jr. as children in need of services. Finds the evidence is sufficient to support the CHINS adjudication.

Staples The Office Superstore, Inc. and Zhejiang Haoguo Furniture Co. v. Gary Wright, M.D. (mem. dec.)
49A05-1705-CT-1118
Civil tort. Affirms the denial of Staples’ motion to set aside filed after the Marion Superior Court entered default judgment in favor of Gary Wright on his personal injury suit. Dismisses Wright’s motion to dismiss the appeal as untimely. Finds Staples did not appeal the trial court’s denial of its motion to correct error and, thus, is not subject to the 30-day deadline in Indiana Trial Rule 53.3(A). Also finds Staples is precluded from filing successive Rule 60(B) motions.

In the Termination of the Parent-Child Relationship of K.W. (Minor Child) and K.W. (Mother) v. Indiana Department of Child Services (mem. dec.)
82A01-1707-JT-1710
Juvenile termination of parental rights. Affirms the termination of K.W.’s parental rights to her child, K.W. Finds the juvenile court did not abuse its discretion in denying the mother’s request to continue an evidentiary hearing until an unknown time in the future when she would have had the opportunity to resolve a then-pending criminal case and complete services. Also finds the evidence is sufficient to support the termination of K.W.’s parental rights.

Fernando Arellano v. State of Indiana (mem. dec.)
45A05-1707-CR-1519
Criminal. Affirms Fernando Arellano’s sentence of 10 years for his conviction of burglary resulting in bodily injury as a Level 3 felony. Finds the Lake Superior Court did not abuse its discretion in explaining the basis for its sentence.

In Re: The Matter of D.A. a Child Alleged to be a Delinquent Child v. State of Indiana (mem. dec.)
47A01-1705-JV-1109
Juvenile. Affirms the juvenile court’s order for D.A. to pay restitution after he was adjudicated as a delinquent child for committing what would be Class A misdemeanor criminal trespass if committed by an adult. Finds there is sufficient evidence to support the Lawrence Circuit Court’s order. Also finds the juvenile court did not abuse its discretion when it found D.A. had an ability to pay restitution.

Bryan Lee Jordan v. State of Indiana (mem. dec.)
79A05-1706-CR-1285
Criminal. Affirms the denial of Bryan Lee Jordan’s motion for continuance and his conviction of Level 2 felony possession of at least 10 grams of methamphetamine with intent to deliver. Finds the Tippecanoe Superior Court did not abuse its discretion when it denied Jordan’s motion for continuance. Also finds the trial court did not unreasonably or arbitrarily interfere with his ability to retain counsel of choice. Finally, finds the state presented sufficient evidence that Jordan intended to deliver meth.

Damon Dozier v. State of Indiana (mem. dec.)
49A02-1707-CR-1496
Criminal. Affirms Damon Dozier’s conviction of two counts of Level 3 felony rape. Finds the Marion Superior Court did not abuse its discretion when it admitted Nicolette Baer’s testimony regarding what M.B., the victim, told her because the hearsay was admissible under the medical diagnosis or treatment exception. Also finds any error in the admission of the first 911 call was harmless, as the evidence contained in the call was cumulative of other evidence properly admitted. Finally, finds the state presented sufficient evidence Dozier committed Level 3 felony rape.

Christopher Lee West v. State of Indiana (mem. dec.)
87A05-1703-CR-591
Criminal. Affirms Christopher L. West’s sentence of an aggregate of 11 years for his conviction of Class C felony battery resulting in serious bodily injury and Level 5 felony criminal recklessness. Finds West has not met his burden of proving his sentence is inappropriate in light of the nature of the offenses or his character. Also finds West failed to show the Warrick Circuit Court abused its discretion by failing to find his alleged mental health issues were significant and supported by the record.