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In the Matter of the Guardianship of Donnell Lee Roberts, an Adult (now deceased), James Wesley Frady v. Patrick Hart
20A-GU-1837
Guardianship. Affirms the Hancock Superior Court’s denial of James Frady’s petition to exercise estate planning over the Estate of Donnell Roberts but reverses the trial court’s decision to sustain the state’s objection to Frady depositing a check as instructed after Roberts’ death. Finds that after termination of guardianship, Indiana Code § 29-3-12-1(e) permitted Frady to deposit a check as instructed. Also finds the trial court was not required to hold a hearing regarding estate planning before dismissing the petitions.
Joseph F. Olivares v. Anonymous Dr. T.G. (mem. dec.)
20A-CT-2337
Civil tort. Affirms the denial of Joseph F. Olivares’ motion to transfer venue, the grant of Dr. T.G.’s motion for summary judgment and the order for the Indiana Department of Insurance to dismiss Olivares’ proposed complaint for medical malpractice filed on July 14, 2020. Finds Olivares did not waive the issue of personal jurisdiction before the trial court, so he has waived that issue on appeal. Also finds the trial court did not lack subject matter jurisdiction, and it did not err in denying Olivares’ motion to transfer. Finally, finds Olivares did not develop a cogent argument or meet his burden of establishing an issue of fact material to a theory that avoids the defense of the statute of limitations. Remands to Lake Superior Court for a determination of damages for frivolous or bad-faith filings pursuant to Indiana Appellate Rule 66(E).
Narkeen Altamirano v. State of Indiana (mem. dec.)
20A-CR-1606
Criminal. Affirms Narkeen Altamirano’s convictions of murder and carrying a handgun without a license and his aggregate 65-year sentence. Finds Altamirano has not demonstrated that prosecutorial misconduct occurred in Marion Superior Court or that any prosecutorial misconduct resulted in fundamental error. Also finds Altamirano’s sentence is not inappropriate in light of the nature of the offenses and his character.
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