Opinions Dec. 13, 2018

Indiana Court of Appeals 
Matthew Edward Greer v. State of Indiana
18A-CR-404
Criminal. Affirms Matthew Greer’s conviction for Level 1 felony child molesting; Level 3 felony vicarious sexual conduct; Level 4 felony incest; Level 6 felony performing sexual conduct in the presence of a minor; and Class A misdemeanor resisting law enforcement. Finds the prosecutor did not commit misconduct during D.G.’s deposition, and Greer failed to establish fundamental error.

In the Matter of the Civil Commitment of A.M., A.M. v. Community Health Network, Inc.
18A-MH-636
Mental health. Affirms the Marion Superior Court’s order of temporary involuntary commitment of A.M. Finds A.M. waived her claim that the temporary involuntary commitment order is defective because she did not raise the argument in the trial court. Also finds there is sufficient evidence of grave disability to support the commitment order. 

Rebecca Harris and Boyd Harris v. Safeco Insurance Company of Indiana (mem. dec.)
18A-CT-964
Civil tort. Affirms the Marion Superior Court’s grant of summary judgment in favor of Safeco Insurance Company of Indiana in Rebecca and Boyd Harris’ complaint seeking declaratory judgment that they were entitled to insurance coverage under an umbrella policy. Finds the trial court did not err in granting summary judgment to Safeco. 

Dominique Quinn Brisker v. State of Indiana (mem. dec.)
18A-CR-1397
Criminal. Affirms the Madison Circuit Court’s order revoking Dominique Brisker’s probation and order to serve his previously suspended four-year sentence. Finds no abuse of the trial court’s discretion. 

Stephen Anderson v. State of Indiana (mem. dec.)
18A-CR-1322
Criminal. Affirms the revocation of Stephen Anderson’s commitment in Community Corrections and the imposition of his previously-suspended sentence. Finds Anderson failed to demonstrate error or fundamental error based on his allegation that he was prejudiced by the judge who conducted his revocation hearing.

In Re: The Paternity of K.H., Rebekah Harris (Mother) v. Jon Cochran (Father)
18A-JP-1795
Juvenile paternity. Affirms the Kosciusko Superior Court’s paternity judgment and custody order in favor of Jon Cochran and the denial of Cochran’s petition to change the surname of the minor child to his own. Finds the trial court did not err in denying Rebekah Harris’ motion to dismiss Cochran as a party, nor did it abuse its discretion when it admitted evidence pertaining to an MMPI-2-RF survey. Also finds the trial court’s paternity determination was supported by the evidence, and Harris waived her argument regarding the trial court’s judicial notice of records from the child in need of services proceeding. Finally, concludes on cross appeal that the trial court did not commit clear error when it denied Cochran’s request to change the child’s name.

James G. Lindzy and Steven Kreps v. Bayview Loan Servicing (mem. dec.)
18A-MF-1045
Mortgage foreclosure. Affirms the Delaware Circuit Court’s judgment allowing Bayview Loan Servicing to foreclose its interest in a residence owned by James Lindzy. Finds there is sufficient evidence to establish that there was no meeting of minds between the parties as to a loan modification agreement and to establish that the agreement was supported by consideration. Also finds Lindzy’s argument that the agreement was unconscionable and therefore unenforceable is waived. 

Jomanda E. Gee v. State of Indiana (mem. dec.)
18A-CR-1278
Criminal. Affirms Jomanda Gee’s 16-year sentence for voluntary manslaughter. Finds her sentence is not inappropriate in light of the nature of the offense and the character of the offender.

In the Matter of the Termination of the Parent-Child Relationship of W.O.; K.N. (Mother) and R.O. (Father) v. The Indiana Department of Child Services (mem. dec.)
18A-JT-1545
Juvenile termination of parental rights. Affirms the termination of K.N. and R.O.’s parental rights to their daughter, W.O. Finds there is sufficient evidence to support the termination of the parent-child relationships.