Opinions Sept. 18, 2020

Indiana Court of Appeals
Michaele Schon and Neal Schon v. Mike Frantz, ESG Security, Inc., Allen County War Memorial Coliseum, and Live Nation Worldwide, Inc.
20A-CT-741
Civil tort. Affirms the grant of summary judgment in Allen Superior Court in favor of Allen County War Memorial Coliseum against claims brought by Michaele and Neal Schon for an alleged injury Michaele sustained during a Journey concert. Finds the trial court did not deprive the Schons of an opportunity to conduct additional discovery, that the coliseum is a political subdivision under the Indiana Tort Claims Act and is immune from liability under the ITCA.

DSG Lake, LLC v. John Petalas, Individually and as the Lake County Auditor, and Lake County, Indiana
20A-PL-370
Civil plenary. Affirms the entry of summary judgment in Lake Superior Court for Lake County auditor John Petalas and the denial of partial summary judgment for DSG Lake, LLC. Reverses the entry of summary judgment for Lake County and remands with instructions to dismiss DSG’s claims against the county for lack of subject matter jurisdiction. Finds the trial court did not err in denying DSG’s motion for partial summary judgment.

Mack M. Chandler v. State of Indiana (mem. dec.)
20A-CR-772
Criminal. Reverses the Marion Superior Court’s imposition of fees and costs on Mack Chandler after a jury found him guilty of Class A misdemeanor theft. Finds the trial court erred in imposing the fees and costs without holding an indigency hearing and the court erred when it imposed a fee that is not authorized by statute. Remands with instructions.

Benito Pedraza v. State of Indiana (mem. dec.)
19A-CR-2559
Criminal. Affirms Benito Pedraza’s two murder convictions. Finds the St. Joseph Superior Court is afforded wide discretion in its evidentiary decisions, and none of Pedraza’s arguments on appeal cause the panel to question the court’s exercise of that discretion during Pedraza’s jury trial.

In the Matter the of the Termination of the Parent-Child Relationship of B.C., K.C., and M.C (Minor Children) and R.C.(Father) and K.R. (Mother) v. The Indiana Department of Child Services (mem. dec.)
20A-JT-568
Juvenile termination. Affirms the termination of R.C. and K.R.’s parental rights to their children B.C., K.C., and M.C. Finds that the Vigo Circuit Court’s findings supported its conclusions that the conditions under which children were removed from parents’ care would not be remedied and that termination of parents’ parental rights was in children’s best interests.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of A.B. (Minor Child) and C.L. (Mother) v. Indiana Department of Child Services (mem. dec.)
20A-JT-401
Juvenile termination. Affirms the termination of C.L.’s parent-child relationship with A.B. Finds that mother has failed to establish clear error in the Madison Circuit Court’s decision to terminate her parental relationship with Child.

Ronald E. Barrett v. State of Indiana (mem. dec.)
20A-CR-580
Criminal. Affirms Ronald Barrett’s conviction for Level 5 felony domestic battery. Finds sufficient evidence to support the Allen Superior Court’s conviction.

Charles Edward Sweeney, Jr. v. State of Indiana (mem. dec.)
20A-CR-887
Criminal. Affirms the denial of Charles Sweeney, Jr.’s motion for credit time. Finds the Clark Circuit Court did not abuse its discretion by denying Sweeney’s motion for credit time.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of J.C. (Minor Child) and R.C. (Father) v. Indiana Department of Child Services (mem. dec.)
20A-JT-545
Juvenile termination. Affirms the termination of R.C.’s parental rights to his daughter, J.C. Finds father has failed to demonstrate clear error in the Switzerland Circuit Court’s decision to terminate his parental relationship with J.C.

Bruce A. Bennett v. State of Indiana (mem. dec.)
20A-CR-646
Criminal. Affirms Bruce Bennett’s murder conviction. Finds the St. Joseph Superior Court did not err by declining to instruct the jury on the lesser-included offense of reckless homicide.

Matthew J. Gogarty v. State of Indiana (mem. dec.)
20A-CR-825
Criminal. Vacates Matthew Gogarty’s conviction of Level 6 felony failure to register as a sex or violent offender. Finds that the state concedes that reversible error occurred and notes that because Gogarty did not personally express a desire to waive his right to a jury trial, the waiver was invalid. Remands for a trial in Vanderburgh Circuit Court.