Opinions May 28, 2020

Indiana Court of Appeals
Universal Auto, LLC, d/b/a James Myers v. Cory Murray
19A-PL-1225
Civil plenary. Affirms the Marion Superior Court’s entry of judgment in Cory Murray’s favor on his contract claim for damages and Universal Auto LLC’s counterclaim for damages and attorney’s fees. Finds Murray had not defaulted on the sales contract when Universal repossessed his vehicle. Also finds that Universal failed to carry its burden of demonstrating prima facie error concerning its counterclaim and Murray’s contract claim.

Mickey Davis v. State of Indiana (mem. dec.)
19A-CR-2818
Criminal. Affirms Mickey Davis’ 16-year sentence for conviction of Level 3 felony criminal confinement, Level 5 felony battery, and Level 5 felony domestic battery. Finds Davis has failed to persuade the appellate court that there is a reasonable possibility that the Allen Superior jury used the same evidentiary facts to convict him of both criminal confinement and battery. Therefore finds his convictions do not violate the Double Jeopardy Clause under the Indiana Constitution.

In re the Termination of the Parent-Child Relationship of A.B. (Minor Child) and A.C. (Mother) and M.B. (Father) v. Indiana Department of Child Services (mem. dec.)
19A-JT-2537
Juvenile termination. Affirms the termination of A.C. and M.B.’s parental rights to their minor child, A.B. Finds the Henry Circuit Court did not clearly err in concluding that there was a reasonable probability that the conditions that resulted in A.B.’s removal from parents’ care, or the reasons for his continued placement outside parents’ home, would not be remedied and that termination of parents’ parental rights was in his best interests. Finds the Department of Child Services did not violate parents’ due process rights by failing to provide services.

In the Matter of the Termination of the Parent-Child Relationship of K.B. & B.K. (Minor Children) and T.K. (Mother) v. Indiana Department of Child Services (mem. dec.)
19A-JT-2965
Juvenile termination. Affirms the termination of T.K.’s parental rights to her two children, B.K. and K.B. Finds DCS presented sufficient evidence in Bartholomew Circuit Court to prove there is a reasonable probability that the conditions that resulted in children’s removal from and continued placement outside mother’s care will not be remedied and that termination of mother’s parental rights is in the children’s best interests. Finds reasonable efforts were made to reunify the mother and children, and that mother has failed to establish that she was denied due process.