Opinions June 8, 2021

Indiana Court of Appeals
Indiana Board of Pharmacy v. Paul J. Elmer
20A-PL-2200
Civil plenary. Affirms the Marion Superior Court’s order reversing the decision of the Indiana Board of Pharmacy to revoke Paul J. Elmer’s pharmacist’s license. Finds the board does not have statutory authority to revoke an expired license. Remands for further proceedings.

Blake Winters and Jamie Winters v. Kyle Pike and Mirissa Pike
21A-PL-27
Civil plenary. Affirms the order for Blake and Jamie Winters to release and return certain personal property items to Kyle and Mirissa Pike and to pay for damages for certain unaccounted-for items. Finds the Winterses’ due process rights were not violated, and they have failed to demonstrate prima facie error in the Hendricks Superior Court’s and conclusions referencing the law of bailments. Also finds the Winterses waived their challenges to the inclusion of the Pikes as parties. Finally, finds the Winterses failed to demonstrate reversible error with respect to the trial court’s damages award of $26,000 to cover the value of the unaccounted-for items plus any amount determined due after the items were retrieved.

Midwest Elite Preparatory Academy, Inc., and Ronda Payne v. Barsic Holdings, LLC (mem. dec.)
19A-PL-1284
Civil plenary. Dismisses Ronda Payne’s appeal of the Lake Superior Court’s ruling against her on all of her counterclaims against Barsic Holdings LLC. Finds Payne’s substantial noncompliance with the Indiana Appellate Rules preclude appellate review.

Dexter Berry v. State of Indiana (mem. dec.)
20A-PC-992
Post-conviction. Affirms the denial of Dexter Berry’s petition for post-conviction relief. Finds Berry’s argument that a magistrate judge abused her discretion by entering a final order on his PCR petition is moot, and the magistrate’s vacatur of a second evidentiary hearing related to Berry’s PCR petition was not an abuse of discretion. Also finds Berry did not receive ineffective assistance of counsel. Finally, finds Berry’s claims that he was the victim of prosecutorial and clerk misconduct are freestanding and, thus, are not cognizable in the context of collateral review.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of: L.C. (Minor Child) and C.C. (Father) v. The Indiana Department of Child Services (mem. dec.)
21A-JT-4
Juvenile termination of parental rights. Affirms the termination of father C.C.’s parental rights with respect to minor child L.C. Finds the Scott County Office of the Department of Child Services presented sufficient evidence to terminate C.C.’s parental rights. Also finds C.C. waived his arguments that there is a reasonable probability that the conditions that resulted in L.C.’s removal or the reasons for placement outside the home of the parents will not be remedied or that there is a reasonable probability that the continuation of the parent-child relationship poses a threat to the well-being of L.C.; that termination of C.C.’s parental rights is in the best interests of L.C.; and that a satisfactory plan exists for the care and treatment of L.C. Finally, waiver notwithstanding, finds the Scott Superior Court did not err in its rulings on any of those three issues.

David Len Pace v. State of Indiana (mem. dec.)
21A-CR-92
Criminal. Affirms David Pace’s conviction for Class A misdemeanor theft following a jury trial in St. Joseph Superior Court. Finds the evidence is sufficient to sustain Pace’s conviction.

In re the Termination of the Parent-Child Relationship of Ad.P., Al.P., and A.S. (Minor Children), B.S. (Mother) and W.P. (Father) v. Indiana Department of Child Services (mem. dec.)
21A-JT-95
Juvenile termination of parental rights. Affirms the Randolph Circuit Court’s termination of mother B.S. and father W.P.’s parental rights to Ad.P., Al.P. and A.S. Finds the evidence supports the juvenile court’s judgments.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of J.R., S.R., K.R., and Z.R. (Minor Children) and C.R. (Father) v. Indiana Department of Child Services (mem. dec.)
20A-JT-2242
Juvenile termination of parental rights. Affirms the involuntary termination of father C.R.’s parental rights to his minor children, J.R., S.R., K.R. and Z.R. Finds the Allen Superior Court did not clearly err in concluding that there is a reasonable probability that the conditions that resulted in the children’s removal will not be remedied, that termination of C.R.’s parental relationship is in the children’s best interests, or that there is a satisfactory plan for the care and treatment of the children.