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Donnie Louis Sawyer v. State of Indiana
20A-CR-1446
Criminal. Reverses the order denying Donnie Louis Sawyer’s petition for depositions of two minors alleged to be victims of child molesting by Sawyer. Finds Indiana Code § 35-40-5-11.5 conflicts with the Indiana Trial Rules 26 and 30, so the provisions of the Trial Rules govern.
In the Matter of the Involuntary Termination of the Parent-Child Relationship of: C.C. (Minor Child) and C.W. (Mother) v. The Indiana Department of Child Services
20A-JT-1999
Juvenile termination of parental rights. Affirms the termination of mother C.W.’s parent-child relationship with C.C. Finds C.W. received statutory and actual notice of the fact-finding hearing before she failed to appear without good cause. Also finds C.W. was not denied due process form the denial of her motion to continue the termination fact-finding hearing. Finally, finds the termination of C.W.’s parental rights is supported by the unchallenged findings of fact and conclusions thereon. Declines to reconsider the motion panel’s denial of remand to file an Indiana Trial Rule 60(B) motion.
AO Alfa-Bank v. John Doe, et al. and L. Jean Camp
20A-MI-2352
Miscellaneous. Vacates the Monroe Circuit Court’s grant of a motion to quash a subpoena duces tecum issued by AO Alfa-Bank to a non-party, L. Jean Camp, by a Florida trial court and dismisses the bank’s appeal of that order. Finds the trial court lacked subject matter jurisdiction to address the motion to quash.
S&C Financial Group, LLC v. Pinky Khan and Ahmad Khan
20A-TP-1934
Petition for tax deed. Reverses the grant of summary judgment for Ahmad and Pinky Khan, setting aside a tax deed and effectively granting the Khans ownership and possession of a property S&C Financial Group had purchased at a tax sale. Finds the Khans had standing to petition to set aside the tax deed. Also finds the notice to the owner of record at the time of the tax sale was constitutionally sufficient, so S&C Financial was vested with a fee simple interest in the property regardless of the Khans’ bona fide purchaser status. Remands for the entry of judgment for S&C Financial.
Aaron Isby v. State of Indiana, et al. (mem. dec.)
20A-PL-2022
Civil plenary. Affirms the order dismissing for lack of subject matter jurisdiction Aaron Isby’s complaint alleging the Indiana Department of Correction impermissibly withdrew money from his prison trust account and applied the money toward a restitution sanction. Finds Isby’s amended complaint challenged the DOC’s imposition of a restitution sanction and DOC’s collection of that sanction, both of which are agency actions exempt from judicial review.
Myra Inskeep v. Gary and Barbara Schwartz d/b/a The Corner Depot Family Restaurant (mem. dec.)
20A-CT-2183
Civil tort. Reverses the grant of summary judgment to Gary and Barbara Schwartz d/b/a The Corner Depot Family Restaurant. Finds Corner Depot owed Myra Inskeep a duty of reasonable care to protect her from dangerous conditions on the restaurant’s property. Also finds Corner Depot’s motion for summary judgment failed to affirmatively negate Inskeep’s negligence claim because genuine issues of material fact continue to exist regarding Corner Depot’s knowledge of the uneven sidewalk. Remands for further proceedings.
Todd Norman v. State of Indiana (mem. dec.)
20A-PC-2349
Post-conviction. Affirms the denial of Todd Norman’s petition for post-conviction relief. Finds Norman has not demonstrated his trial counsel was ineffective for failing to file a motion to suppress the evidence found as part of the probationary search or for failing to object on the basis of relevance to the admission of the $8,500 in cash found as part of the same search. Also finds the post-conviction court did not err in denying Norman’s petition.
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