Opinions Nov. 28, 2018

Indiana Court of Appeals
Anonymous Physician, Anonymous Medical Practice, Anonymous Hospital v. Michelle Kendra, as Personal Representative of the Estate of John Kendra, Deceased
18A-CT-323
Civil Tort. Reverses the Lake Superior Court’s denial of summary judgment in favor of Anonymous Physician, Anonymous Medical Practice and Anonymous Hospital. Finds Michelle Kendra’s knowledge of her father’s heart problems and suffering after he was implanted with a pacemaker was enough to trigger a duty to investigate the possibility of medical malpractice.

United Farm Mutual Insurance Company v. Stacy B. Matheny, Earl R. Matheny, et al.
18A-CT-515
Civil tort. Reverses the Perry Circuit Court’s denial of United Farm Mutual Insurance Co.'s motion for summary judgment in its declaratory judgment action seeking a ruling that it is not obligated to defend or indemnify Earl or Stacy Matheny in a wrongful death action after Stacy, Earl’s son, fatally shot a man on Earl’s property. Finding Stacy was a resident and therefore an insured under Earl’s policy, United Life is entitled to summary judgment because the policy contained exclusions for personal injury resulting from criminal acts. Remands for entry for summary judgment in favor of United Farm.

Larry Ervin v. State of Indiana
18A-CR-965
Criminal. Criminal. Vacates in part and affirms in part Larry Ervin’s convictions of Level 5 felony criminal recklessness and Level 6 felony pointing a firearm. The Marion Superior Court did not err in instructing the jury, and the evidence was sufficient to support Ervin’s conviction. Vacates, sua sponte, Ervin’s pointing a firearm conviction on double-jeopardy grounds.
 
Roberto Bernal-Andraca v. State of Indiana (mem. dec.)
18A-CR-1288
Criminal. Affirms Roberto Bernal-Andraca’s Marion County conviction of Class A misdemeanor carrying a handgun without a license. Finds the officer did not violate Bernal-Andraca’s federal or state constitutional rights by ordering him out of the vehicle and then, after being informed Bernal-Andraca was armed, patting him down to retrieve the weapon.

John Fitzgerald Johnson, Jr. v. State of Indiana (mem. dec.)
18A-CR-1682
Criminal. Affirms John Johnson’s aggregate sentence of 15 years for pleading guilty to one count of Level 5 felony battery with a deadly weapon and two counts of Level 5 felony robbery. Rules Johnson failed to show the Lake Superior Court abused its discretion by finding the 11 victims to be an aggravating circumstance. Also holds Johnson’s sentence is not inappropriate in light of his offenses and his character.  

S.H. v. D.W. (mem. dec.)
18A-PO-1413
Protective order. Affirms the Bartholomew Superior Court order granting the petition for another protective order and extending it for two years. Finds the order is supported by sufficient evidence.

Joseph L. Horton, Jr. v. State of Indiana (mem. dec.)
18A-CR-1453
Criminal. Affirms the revocation of Joseph Horton Jr.’s placement in community corrections. Finds the state presented sufficient evidence to support the revocation of Horton’s placement and Allen Superior Court did not abuse its discretion in revoking Horton’s placement.   

Jorge Arredondo v. Holly Arredondo (mem. dec.)
18A-DR-1239
Domestic Relation. Affirms the decree of dissolution of marriage. Finds the Marion Superior Court did not abuse its discretion by denying Jorge Arredondo’s motion to continue after his counsel withdrew on the day before the final hearing.

Thomas A. Wallace v. State of Indiana (mem. dec.)
18A-CR-359
Criminal. Affirms the revocation of Thomas Wallace’s placement on in-home detention. Rules the Howard Superior Court did not abuse its discretion when it revoked his placement.   

A.H. v. State of Indiana (mem. dec.)
70A01-1712-JV-2942
Juvenile. Affirms A.H.’s adjudication as a delinquent child for having committed criminal mischief as a Class A misdemeanor if committed by an adult. Finds the Rush County juvenile court did not err in modifying A.H’s dispositional decree and placing him in the Indiana Department of Correction. Rules A.H.’s counsel was not ineffective for allowing him to admit to probation violations. Holds the juvenile court did not abuse its discretion by ordering A.H. committed to the DOC.  

Charles Gamble v. State of Indiana (mem. dec.)
49A02-1707-PC-1811
Post conviction. Affirms the Marion Superior Court’s denial of Charles Gamble’s petition for post-conviction relief. Rules the post-conviction court did not abuse its discretion when it denied Gamble’s request to subpoena his prison record. Finds Gamble was not denied effective assistance of counsel. Concludes Gamble cannot petition for post-conviction relief on his claim that Indiana’s sex offender registration statute is an ex post facto law as applied to him.