Opinions Dec. 21, 2023

Court of Appeals of Indiana
Lake Imaging LLC v. Franciscan Alliance Inc. f/d/b/a Saint Margaret Mercy Health Care Centers
22A-CT-2783
Civil tort. Affirms the Johnson Superior Court’s summary judgment on remand in favor of Franciscan Alliance Inc. f/d/b/a Saint Margaret Mercy Health Care Centers on its claim from Lake Imaging’s contract to provide radiology services. Finds the trial court properly declined to apply the Professional Services Statute’s two-year statute of limitations period and properly entered summary judgment in favor of Franciscan on its indemnification claim.

D.H. v. A.C., C.C., and S.R.
23A-JT-1369
Juvenile termination of parental rights. Reverses the Hamilton Superior Court’s order terminating D.H.’s parental right to daughter he shares with minor S.R. Finds the trial court didn’t consider whether D.H. committed an act described in the rape statute. Remands the matter to the trial court for a new termination hearing focused on the controlling definition of “act of rape.”

Sharon Wilson and Matthew Wilson, as Personal Representatives of the Estate of Harold Wilson, Deceased v. Bedford Police Department (mem. dec.)
23A-CT-1430
Civil tort. Affirms the Lawrence Circuit Court’s dismissal of wrongful death complaint filed by Sharon and Matthew Wilson, as personal representatives of the Estate of Harold Wilson against Bedford Police Department. Finds BPD was entitled to statutory immunity as a matter of law and that the trial court properly granted BPD’s motion to dismiss.

Zachary R. Miller v. State of Indiana (mem. dec.)
23A-CR-1860
Criminal. Affirms the Decatur Superior Court’s revocation of Zachary R. Miller’s probation and order for him to serve 540 days of his previously suspended 730-day sentence. Finds Miller has not persuaded the appellate court that the trial court’s order sentencing him was clearly against the logic and effect of the facts and circumstances before the court.

Chad Clifford Lewandowski v. State of Indiana (mem. dec.)
23A-CR-1794
Criminal. Affirms the revocation of Chad Clifford Lewandowski’s probation and sanction. Finds it cannot say the Hamilton Circuit Court abused its discretion.

Michael W. Riddell v. State of Indiana (mem. dec.)
23A-CR-858
Criminal. Affirms Michael Riddell’s conviction for Class A felony child molesting. Finds the state presented sufficient evidence to demonstrate the Riddell committed deviate sexual conduct.

Dewey Lee Camp v. State of Indiana (mem. dec.)
22A-CR-2909
Criminal. Affirms Dewey Camp’s conviction for failing to register as a sex offender, a Level 6 felony. Finds the state presented sufficient evidence to support Camp’s conviction and that any err in the admission of Captain Larry Sheets’ testimony about the search of offender registries or the printout from the national registry was harmless.

Steven R. Kennedy v. State of Indiana (mem. dec.)
23A-CR-565
Criminal. Dismisses Steven Kennedy’s appeal claiming his sentence for Level 4 felony unlawful possession of a firearm by a serious violent felon and Class A misdemeanor operating a vehicle while intoxicated endangering a person is inappropriate. Finds Kennedy did not timely file a notice of appeal and therefore forfeited his right to appeal. Judge Rudolph Pyle dissents with a separate opinion.

Curtis A. Schorey v. State of Indiana (mem. dec.)
23A-CR-1802
Criminal. Affirms the Wells Superior Court’s denial of Curtis Schorey’s motion to withdraw his guilty plea. Finds the trial court did not abuse its discretion when it denied Schorey’s motion to withdraw his guilty plea.

In re the Supervised Estate of Larry King, LaTonya King v. The Estate of Larry King (mem. dec.)
23A-ES-71
Estate. Affirms the St. Joseph Probate Court’s decree of final distribution of the Estate of Larry King. Finds LaTonya King has not satisfied her burden on appeal to show error.

In the Matter of N.E. and M.W. (Minor Children) And M.E. (Mother) and J.W. (Father) v. Indiana Department of Child Services (mem. dec.)
23A-JC-1322
Juvenile CHINS. Affirms the Marion Superior Court’s Child in Need of Services adjudication of M.E.’s minor children N.E. and M.W. and the CHINS adjudication of J.W.’s minor child M.W. Finds the trial court did not err in adjudicating the children as CHINS.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of: M.H. (Minor Child) and T.C. (Father) & A.H. (Mother) v. Indiana Department of Child Services, et al. (mem. dec.)
23A-JT-1478
Juvenile termination of parental rights. Affirms the termination of A.H. and T.C.’s parental rights to M.H. Finds the parents were not denied due process in the Child in Need of Services or termination proceedings. Also finds Department of Child Services presented sufficient evidence to establish the requisite elements for termination of parental rights by clear and convincing evidence.

Sonny Davis v. State of Indiana (mem. dec.)
23A-PC-426
Post-conviction relief petition. Affirms the denial of Sonny Davis’s petition for post-conviction relief. Finds it cannot say the record reveals the court demonstrated racial bias.

John Edward Sims Jr. v. State of Indiana (mem. dec.)
23A-PC-808
Post-conviction relief petition. Affirms the Marion Superior Court’s denial of John Edward Sims Jr’s post-conviction relief petition. Finds Sims failed to establish that he received ineffective assistance of trial counsel.

Monte G. Faulkner v. State of Indiana (mem. dec.)
23A-CR-1910
Criminal. Reverses and remands the matter to the Howard Circuit Court to correct the scrivener’s errors in both the July 2013 written sentencing order and the Abstract of Judgment. Affirms the sentencing order in all other aspects.

William M. Roberts Sr. v. State of Indiana (mem. dec.)
23A-PC-1979
Post-conviction relief petition. Affirms the Steuben Circuit Court’s denial of William M. Roberts Sr.’s petition for post-conviction relief. Finds Roberts is unable to show prejudice on his claim that his guilty plea was invalid and that it cannot say the post-conviction court erred when it denied Roberts’s allegation that he received ineffective assistance from his trial counsel.

Jordan Alexander Scott v. State of Indiana (mem. dec.)
23A-CR-2077
Criminal. Affirms Jordan Alexander Scott’s five-year sentence for two counts of Level 6 felony domestic battery, one count of Level 6 felony intimidation and one count of Class A misdemeanor invasion of privacy. Finds Scott failed to persuade the appellate court that his five-year fully executed sentence is inappropriate.

Angus J. Toney v. State of Indiana (mem. dec.)
22A-PC-3118
Post-conviction relief petition. Affirms the Wayne Superior Court’s denial of Angus J. Toney’s petition for post-conviction relief. Finds the post-conviction court’s denial of Toney’s claims of ineffective assistance of trial and appellate counsel was not clearly erroneous.