Opinions Oct. 25, 2022

Court of Appeals of Indiana
Jeremiah Jordyn Smith v. State of Indiana
22A-CR-364
Criminal. Reverses the Tippecanoe Superior Court’s grant of the state’s motion to revoke the pretrial diversion agreement entered into with Jeremiah Jordyn Smith. Finds Smith’s diversion agreement was supported by consideration and the state was bound by its terms. Also finds revoking Smith’s diversion agreement without cause was a breach of the agreement’s terms. Remands with instructions to dismiss the case against Smith with prejudice.

Christy Cinamon v. State of Indiana
22A-CR-390
Criminal. Reverses the denial of Christy Cinamon’s motion to suppress evidence obtained during the search of her purse. Finds the search violated Cinamon’s Fourth Amendment right to be free from unreasonable search and seizure, and her rights under Article 1, Section 11 of the Indiana Constitution.

Angela Hendrix and Ryan Hendrix v. Pamela Campbell, Donald Campbell, and Stacy Zehr (mem. dec.)
22A-PL-422
Civil plenary. Affirms the order that Angela and Ryan Hendrix pay Pamela and Donald Campbell $114,796.49 with 8% interest for loan and repair costs for their former and current homes, and the determination that the Campbells’ claim for theft by deception was not supported by the evidence. Finds there was no enforceable contract between the parties. Also finds the evidence supports the Owen Circuit Court’ determination that the Campbells were entitled to restitution for repair costs. Finally, finds the trial court did not err in ordering the loan payment repaid as a lump sum with interest, and it properly found the Hendrixes did not commit theft by deception.

Rolph Sterson Souffant v. State of Indiana (mem. dec.)
22A-CR-1219
Affirms Rolph Sterson Souffant’s convictions of Level 6 felony criminal confinement and Class A misdemeanor resisting law enforcement and his sentence of 730 days, with 365 days executed in the Tippecanoe County Jail, 180 days executed in criminal corrections and 185 days suspended to probation.  Finds sufficient evidence supports the convictions. Also finds Souffant’s sentence is not inappropriate. Finally, finds the abstract of judgment contains two clerical errors which should be corrected. Remands to the Tippecanoe Superior Court with instructions.

Thomas Ellison v. Trudi Ellison (mem. dec.)
22A-DR-858
Domestic relations. Affirms the Lake Circuit Court’s finding that $19,500 in child support included as part of a $32,500 judgment entered in favor of wife Trudi Ellison had not been included in an earlier “all-inclusive” support arrearage satisfied by husband Thomas Ellison in 2020. Finds the agreed order on arrears unambiguously refers only to the child support arrearage recognized in the Feb. 21, 2017, order. Also finds the trial court’s determination that the original judgment included interest is not clearly erroneous.

Dwayne Lucas v. State of Indiana (mem. dec.)
21A-CR-2300
Criminal. Affirms the denial of Dwayne Lucas’ post-motion for mistrial after he was convicted of two counts of murder and sentenced to consecutive terms of 60 years on each count. Finds Lucas did not meet his burden of showing by a preponderance of evidence the Juror No. 9 had contact with an unauthorized person during which anything about the merits of the case was discussed, so he is not entitled to the presumption of prejudice. Also finds Lucas has failed to show the existence of gross misconduct that probably harmed him. Finally, finds the Marion Superior Court did not abuse its discretion by denying Lucas’ post-trial motion for a mistrial.

All Seasons Heating and Air Conditioning Company, Inc. v. Brent Stevens and Tessa Stevens (mem. dec.)
22A-PL-255
Civil plenary. Affirms the grant of partial judgment to All Seasons Heating and Air Conditioning and Brent and Tessa Stevens on their respective claims to foreclose on the Stevenses’ property to pay a mechanic’s lien, and for breach of contract and unjust enrichment. Finds the Monroe Circuit Court properly found that All Seasons breached the parties’ contract and properly determined the Stevenses’ damages flowed from All Seasons’ breach. Also finds All Seasons has failed to establish that the trial court erred in failing to award attorney fees and collection costs. Finally, finds the trial court correctly found the Stevenses did not meet their burden of proof to establish floor damage, so it did not err in refusing to award the nearly $31,000 in floor replacement costs that the Stevenses sought.

In the Matter of the Termination of the Parent-Child Relationship of A.G. (Minor Child), and S.G. (Mother) v. Indiana Department of Child Services (mem. dec.)
22A-JT-1163
Juvenile termination of parental rights. Affirms the termination mother S.G.’s parental rights to her child, A.G. Finds S.G. has consistently struggled to show that she can provide for her child’s needs. Finds the termination was in the child’s best interests and the Knox Superior Court didn’t err.