Opinions July 25, 2019

Indiana Court of Appeals
Steve Snyder, as Personal Representative of the Estate of Kimberly Snyder, Deceased v. Prompt Medical Transportation, Inc.; Humana Insurance Company; and St. Joseph Regional Medical Center
18A-CT-03112
Civil tort. Affirms the St. Joseph County Superior Court’s dismissal of wrongful death claims brought against Humana by Steve Snyder, as personal representative of Kimberly Snyder’s estate, and the court’s award of summary judgment for St. Joseph Regional Medical Center and Prompt Medical Transportation, Inc. Finds the trial court did not err by striking the affidavits of the estate’s untimely disclosed expert witnesses. Also finds no genuine issue of material fact existed with respect to the element of causation and that the estate’s claims against Humana Insurance Company are pre-empted by federal law governing Medicare Part C.

Kristapher D. Canfield v. State of Indiana
18A-CR-3124
Criminal. Affirms Kristapher Canfield’s conviction of Level 5 felony possession of methamphetamine. Finds the Lawrence Superior Court did not abuse its discretion in admitting certain evidence. Finds there is sufficient evidence to support the conviction. Judge Paul Mathias concurs with separate opinion.

Rodney W. Falls v. State of Indiana
18A-CR-2948
Criminal. Affirms Rodney Falls’ sentence and conviction of Level 6 felony stalking. Finds the Kosciusko Superior Court did not err when it refused to give Falls’ proffered jury instruction. Finds the evidence was sufficient to support the conviction and that the sentence is not inappropriate in light of the nature of the offense and Falls’ character. Judge L. Mark Bailey concurs in part and concurs in result in part with a separate opinion.

In the Matter of the Termination of the Parent-Child Relationship of: S.R.W., Minor Child, S.D., Father, and A.W., Mother v. The Indiana Department of Child Services (mem. dec.)
19A-JT-367
Juvenile termination. Affirms the termination of parents S.D. and A.W.’s parental rights to their child S.R.W. Finds the Johnson Circuit Court determination that termination is in the best interests of S.R.W. is supported by clear and convincing evidence. Finds no error in the decision to termination parental rights.

Aaron Michael Toller v. State of Indiana (mem. dec.)
18A-CR-2393
Criminal. Affirms Aaron Toller’s aggregate 70½-year sentence for his conviction of murder, Level 6 felony obstruction of justice, Class A misdemeanor false informing and two counts of Class A misdemeanor carrying a handgun without a license. Finds the Madison Circuit Court did not abuse its discretion when it excluded text messages between Toller and the victim. Finds the trial court did not abuse its discretion in sentencing Toller and finds the sentence is not inappropriate in light of the nature of the offense and the character of the offender.

Lauren Thomas v. State of Indiana (mem. dec.)
18A-CR-2533
Criminal. Affirms Lauren Thomas’ conviction of Level 6 felony resisting law enforcement. Finds the Marion Superior Court did not err in denying her motion for a mistrial. Finds there is sufficient evidence to support her conviction.

Dennis Gibson v. State of Indiana (mem. dec.)
19A-CR-436
Criminal. Affirms Dennis Gibson’s conviction of Class B misdemeanor disorderly conduct. Finds there is sufficient evidence beyond a reasonable doubt to sustain Gibson’s conviction.

S.C. v. State of Indiana (mem. dec.)
18A-JV-3045
Juvenile. Affirms the Allen Superior Court’s adjudication of S.C. as a delinquent for what would be Class B misdemeanor battery if committed by an adult, and the court’s award of guardianship over him to the Department of Correction. Finds the trial court did not abuse its discretion when it admitted as evidence the show-up identification of S.C. Also finds S.C. has not met his burden to demonstrate that the juvenile court violated his due process rights. Finds the juvenile court did not abuse its discretion when it awarded guardianship over S.C. to the Department of Correction.

Jeffrey Archer v. State of Indiana (mem. dec.)
18A-PC-2681
Post conviction. Affirms the denial of Jeffrey Archer’s petition for post-conviction relief. Finds the Marion Superior Court did not err by finding that Archer did not receive ineffective assistance of appellate counsel.

Victor Schroeder v. Christina G. Bell and Auto Owners Insurance Company (mem. dec.)
19A-CT-636
Civil tort. Affirms the Marion Superior Court’s motion granting Christina Bell’s motion for change of venue from Marion County to Dubois County. Finds the trial court properly granted the motion for change of venue and remanded the case to Dubois County.

Amari D. Lyons v. State of Indiana (mem. dec.)
19A-CR-254
Criminal. Affirms Amari Lyons’ conviction of Level 5 felony carrying a handgun without a license. Finds the warrantless search of Lyons’ vehicle did not violate the search and seizure provisions of either the Fourth Amendment or Article 1, Section 11 of the Indiana Constitution. Finds the Marion Superior Court did not abuse its discretion in admitting the handgun into evidence.

Lois A. Myers v. Indiana Family and Social Services Administration (mem. dec.)
19A-MI-8
Miscellaneous. Affirms the dismissal of Lois Myers petition for judicial review. Finds the DeKalb Superior Court did not err in dismissing her petition.