Opinions Sept. 7, 2022

Court of Appeals of Indiana
American Freedom Insurance Company v. Marc Hires and Dennis Kellams (mem. dec.)
22A-CT-539
Civil tort. Affirms the denial of declaratory relief for American Freedom Insurance Company, which had sought a declaration that it had properly voided its entire contract with Marc Hires and that it owed no duty to indemnify Hires or Dennis Kellams, who was struck by Hires’ vehicle. Finds the judgment is not clearly erroneous.

Jason Epeards v. State of Indiana (mem. dec.)
22A-CR-65
Criminal. Affirms Jason Epeards conviction of felony murder and his sentence to 55 years, with 10 years suspended and a two-year probationary term. Finds Epeards invited any alleged error in instructing the jury about accomplice liability, so he may not challenge that alleged error on appeal. Also finds Epeard’s contention regarding alleged error in denying his motion for directed verdict on the murder charge is moot, as the jury found Epeards not guilty of murder. Finally, finds Epeards has not proven that the nature of his offense and his character warrant a sentence reduction.

Damen Lake v. State of Indiana (mem. dec.)
22A-CR-133
Criminal. Affirms the portion of Damen Lake’s sentence extending the protective order prohibiting him from having contact with his wife Jennifer Lake. Finds the Marion Superior Court did not abuse its discretion.

John H. Gonzalez v. State of Indiana (mem. dec.)
21A-CR-2271
Criminal. Affirms John H. Gonzalez’s convictions of murder, Level 6 felony auto theft and Level 6 felony firearm theft, the finding that he is a habitual offender and his sentence to an aggregate of 87½ years. Finds that while Gonzalez has waived his challenge to the Putnam Superior Court’s denial of his motion for change of venue, his claim also fails on the merits because the record does not indicate the jury was unable to render an impartial verdict. Also finds the trial court did not abuse its discretion in its finding of aggravating factors because the factors were supported by the record and not improper as a matter of evidence. Finally, finds Gonzalez’s sentence is not inappropriate given the nature of his offense and his character.

Warren Parks v. State of Indiana (mem. dec.)
22A-CR-1129
Criminal. Affirms the denial of Warren Park’s praecipe for withdrawal of submission, filed after her submitted documents to the Union Circuit Court that he claimed satisfied his $956.63 restitution obligation. Finds the trial court did not abuse its discretion.

In re the Termination of the Parent-Child Relationship of: M.D., C.M.D., C.C.D. (Minor Children), and Z.D. (Father) and J.D. (Mother) v. Indiana Department of Child Services (mem. dec.)
22A-JT-614
Juvenile termination of parental rights. Affirms the order terminating father Z.D. and mother J.D.’s parental rights over their minor children, M.D., C.M.D. and C.C.D. Finds the record most favorable to the Scott Superior Court’s judgment supports the court’s conclusion that the conditions that resulted in the children’s removal from the parents’ care were not likely to be remedied.

Amanda Perdue v. William H. O’Toole (mem. dec.)
22A-SC-231
Small claims. Affirms the denial of Amanda Perdue’s claims against William H. O’Toole, her attorney during prior bankruptcy proceedings. Finds Perdue’s arguments on appeal are waived for noncompliance with the Indiana Rules of Appellate Procedure.