Opinions March 27, 2024

Indiana Court of Appeals
In the Matter of the Estate of Robin L. Ropp, Deceased. Kay L. Smith v. Jay T. Ropp
23A-EU-1168
Estate unsupervised. Affirms the Whitley Circuit Court’s order that determined Kay Smith did not have standing to challenge the final accounting of the Robin Ropp estate. Finds that while Smith had standing to object to the estate’s final accounting, the trial court did not err when it denied her repeated requests to do so because she unnecessarily prolonged the proceedings, which resulted in significant depletion of the estate’s assets meant for the children.

Justin R. Hogg v. State of Indiana
23A-CR-525
Criminal. Reverses the Cass Superior Court’s denial of Justin Hogg’s motion to dismiss the five additional criminal charges filed by the state after Hogg’s conviction of Level 6 felony theft was reversed on appeal due to a material variance between the charging information and the evidence presented at trial. Finds the five new charges represent impermissible prosecutorial vindictiveness. Also finds the court abused its discretion by denying Hogg’s motion to dismiss the five new charges the state filed on June 13, 2022. Remands for further proceedings.      

W.H. v. State of Indiana
23A-JV-2451
Juvenile. Reverses W.H.’s juvenile adjudication in Marion Superior Court for Level 3 felony aggravated battery if committed by an adult. Finds there is insufficient evidence to support his juvenile adjudication for aggravated battery because the state failed to prove that the injury that W.H. had inflicted on the victim’s lower leg created a substantial risk of death to the victim.

Wade A. Hummer and Lindsay A. Hummer v. Allen D. Donathan, Carolyn S. Beckley, and Mary H. Thornburgh
23A-MI-1925
Miscellaneous. Affirms the Blackford Circuit Court’s granting of summary judgment for Allen Donathan, Carolyn Beckley, and Mary Thornburgh. Finds that that there was not a genuine issue of material fact regarding Norma Donathan’s soundness of mind or susceptibility to undue influence when her will was executed in 2016 and amended by codicil in 2018. Also finds the record reflects that Norma was not of unsound mind when she executed the will and codicil, nor was she unduly influenced to do so. Finally, finds the will and codicil are not invalid on these grounds, and the personal representatives are entitled to judgment as a matter of law in their favor on Wade and Lindsay Hummers’ claims to the contrary.

Ciera Mayes v. Goldman Sachs Bank USA
23A-CC-1604
Civil collections. Affirms the Dearborn Superior Court’s summarily granting the Goldman Sachs Bank USA’s motion and entering judgment in favor of the bank on its breach of contract complaint and against Ciera Mayes on her counterclaims. Finds the bank established that Mayes breached the contract and that it suffered damages. Also finds Mayes has not met her burden to establish that the grant of summary judgment in favor of the bank on its breach of contract claim was erroneous.

In the Termination of the Parent-Child Relationship of: L.C. (Minor Child) and B.C. (Mother) v. Indiana Department of Child Services (mem. dec.)
23A-JT-2051
Juvenile termination of parental rights. Affirms the Johnson Circuit Court’s determination that L.C. is a child in need of services. Finds that B.C. has not shown that the trial court abused its discretion when it denied her motion to continue the termination hearing and the mother has not shown that the trial court clearly erred when it terminated her parental rights to the child.

In the Termination of the Parent-Child Relationship of: H.Z. and N.Z. (Minor Children) and Z.Z. (Father) v. Indiana Department of Child Services (mem. dec.)
23A-JT-1621
Juvenile termination of parental rights. Affirms the Allen Superior Court’s involuntary termination of Z.Z.’s parental rights to H.Z. and N.Z. upon the petition of the Allen County Department of Child Services. Finds DCS presented sufficient evidence to establish the requisite statutory elements for termination of the father’s parental rights as to the remediation of conditions and the best interests of the children. Also finds the order terminating the father’s parental rights to the children is not clearly erroneous.

J.K.B. v. State of Indiana (mem. dec.)
23A-JV-2940
Juvenile. Affirms the Allen Superior Court’s juvenile delinquency dispositional order modifying J.K.B.’s custody to the Indiana Department of Correction for housing in a juvenile correctional facility. Finds J.K.B. has not demonstrated an abuse of the juvenile court’s discretion.

M.G. v. State of Indiana (mem. dec.)
23A-JV-2346
Juvenile. Affirms the Allen Superior Court’s adjudication of M.G. as a delinquent child for committing acts that would be Level 3 felony attempted armed robbery. Finds that the state presented sufficient evidence to sustain M.G.’s adjudication for Level 3 attempted armed robbery if committed by an adult.

Johnathan W. Coats v. State of Indiana (mem. dec.)
23A-CR-2632
Criminal. Affirms the Washington Superior Court’s denial of Johnathan Coats’ motion to withdraw his guilty plea. Finds the trial court did not abuse its discretion when it denied his motion.

David Allen Hampton v. State of Indiana (mem. dec.)
23A-CR-2617
Criminal. Affirms David Hampton’s conviction in Tippecanoe Superior Court of domestic battery, as a Level 6 felony. Finds the state’s evidence is sufficient to support Hampton’s conviction.

Tyron D. Pearson v. State of Indiana (mem. dec.)
23A-CR-1491
Criminal. Affirms Tyron Pearson’s conviction in Porter Superior Court for one count of child molesting for acts involving A.W., his stepdaughter, that allegedly occurred during the late summer and early fall of 2017. Finds that failure to give an unanimity instruction was not fundamental error, and the prosecutor’s statements that Pearson challenges on appeal do not cumulatively constitute fundamental error.

Jack Yette v. State of Indiana (mem. dec.)
23A-CR-2011
Criminal. Affirms Jack Yette’s conviction in Marion Superior Court on three counts of child molesting. Finds the trial court did not abuse its discretion by admitting Christiana Patterson’s testimony into evidence.

James Dillon Gunter v. State of Indiana (mem. dec.)
23A-CR-2104
Criminal. Affirms the Howard Superior Court’s order for James Gunter to serve 403 days of his previously-suspended sentence for probation violations. Finds the trial court did not abuse its discretion with the order following Gunter’s admissions to multiple violations of the terms of his probation.