Opinions Oct. 29, 2019

Indiana Court of Appeals
Natoami Riley, et al. v. St. Mary’s Medical Center of Evansville, Inc.
19A-CT-844
Civil tort. Reverses the Vanderburgh Circuit Court’s grant of summary judgment to St. Mary’s Medical Center of Evansville Inc. on a medical malpractice claim brought by Natoami and Frank Riley. Finds a radiologic technician who wrote an affidavit on behalf of the Rileys is qualified to render an expert opinion on proximate causation, and that a genuine issue of material fact exists regarding that issue. Remands for further proceedings.

David Wayne Lawson v. State of Indiana (mem. dec.)
19A-CR-740
Criminal. Affirms David Lawson’s convictions of Level 4 felony and Level 5 felony counts of dealing in methamphetamine. Finds sufficient evidence supports the convictions. However, also finds the trial court failed to remedy any double jeopardy concerns by merging Lawson’s convictions for Level 5 felony dealing in meth and Level 4 felony conspiracy to deal as opposed to vacating them. Finally, finds there is insufficient evidence to support Lawson’s conviction of maintaining a common nuisance. Remands with instructions to vacate convictions in counts II, III and IV.

Rodney Evans v. State of Indiana (mem. dec.)
19A-CR-958
Criminal. Affirms Rodney Evans’ five-year sentence for his conviction of Level 5 felony involuntary manslaughter. Finds Evans failed to carry his burden to show that his sentence is inappropriate based on the nature of the offense and his character.

Robert Matthew Nolan v. State of Indiana (mem. dec.)
19A-CR-570
Criminal. Affirms the denial of Robert Nolan’s petition for modification of his aggregate 30-year sentence. Finds that because the Floyd Superior Court did not have authority to modify Nolan’s sentence pursuant to Indiana Code Section 35-38-1-17, it did not abuse its discretion when it denied his petition for sentence modification.

Earl J. Fizer, Andrew Heater, and Jeffrey Kirby, each in his capacity as Board Member of Jefferson Knolls Homeowners Association, an unincorporated association v. Deana Pierson, et al. (mem. dec.)
19A-PL-977
Civil plenary. Affirms the St. Joseph Superior Court’s denial of Jefferson Knolls Homeowners Association board members Earl J. Fizer, Andrew Heater and Jeffrey Kirby’s request for attorney fees after litigation against Deana and Timothy Pierson for their alleged violations of certain neighborhood restrictive covenants. Finds the neighbors have not established prima facie error in the trial court’s denial of their request for attorney fees.

Brenton E. Barnhill v. State of Indiana (mem. dec.)
18A-CR-2852
Criminal. Affirms Brenton Barnhill’s conviction of Level 3 felony rape; Level 5 felony criminal confinement resulting in bodily injury; Level 6 felony domestic battery in the presence of a child under the age of 16; and Level 6 felony strangulation. Finds the Vigo Superior Court did not err in rejecting Barnhill’s claim that the State had withheld exculpatory evidence, in violation of Brady v. Maryland. Also finds his convictions do not violate Indiana’s constitutional protection against double jeopardy.

Maurice Devin Horton v. State of Indiana (mem. dec.)
19A-CR-1079
Criminal. Remands to amend Maurice Horton’s sentencing order for conviction of Class A misdemeanor resisting law enforcement by adding his other two resisting law enforcement counts and indicating that Horton was acquitted of those charges. Finds it unnecessary to add Horton’s Class B misdemeanor battery charge because the state voluntarily dismissed that count prior to trial.

Dominique Rena Triblet v. State of Indiana (mem. dec.)
19A-CR-515
Criminal. Affirms Dominique Triblet’s conviction of Level 5 felony carrying a handgun without a license, elevated by her conviction of a felony within the prior 15 years. Finds Triblet has not shown that the Marion Superior Court abused its discretion in denying her motion for a continuance or in refusing her instruction on the defense of necessity.

Curtis Stokes v. State of Indiana (mem. dec.)
18A-PC-2982
Post conviction. Affirms Curtis Stokes’ denied petition for post-conviction relief. Finds the Marion Superior Court did not err when it determined he was not subjected to ineffective assistance of trial and appellate counsel.

Sierra Hill v. State of Indiana (mem. dec.)
19A-CR-1083
Criminal. Affirms Sierra Hill’s conviction of Class A misdemeanor resisting law enforcement. Finds the Marion Superior Court did not abuse its discretion in admitting certain evidence. Also finds sufficient evidence to support her conviction.

Brandon Hicks v. State of Indiana (mem. dec.)
19A-PC-1177
Post conviction. Affirms the denial of Brandon Hicks’ petition for post-conviction relief. Find the Marion Superior Court did not erroneously determine he did not receive ineffective assistance of appellate counsel.

Gregory A. Davis v. State of Indiana (mem. dec.)
19A-CR-1198
Criminal. Affirms the denial of Gregory Davis’ petition for judicial review of his driver’s license suspension. Finds Davis has failed to meet his burden of demonstrating that the evidence leads to but one conclusion and that the trial court reach an opposite conclusion.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of M.R.D. (Minor Child) and M.B. (Mother) v. Indiana Department of Child Services (mem. dec.)
19A-JT-812
Juvenile termination. Affirms the termination of M.B.’s parental rights to her daughter, M.R.D. Finds M.B. has failed to meet her burden of establishing clear error. Finds the termination is in the best interests of the child.