Opinions March 15, 2017

Indiana Court of Appeals
Virginia E. Mourning v. Allison Transmission, Inc.
49A02-1608-MI-1822
Miscellaneous. Reverses the Marion Superior Court’s grant of Allison Transmission Inc.’s Trial Rule 12(C) motion for judgment on the pleadings on Virginia Mourning’s claims of tortious interference with an employment contract and defamation. Finds Mourning sufficiently pleaded her defamation claim, but not her tortious interference claim. Remands to give Mourning an opportunity to amend her complaint once as of right under Trial Rule 15(A).

Gary Hanks v. State of Indiana
10A01-1604-PC-690
Post conviction. Affirms the denial of Gary Hanks’ petition for post-conviction relief as to his claim of ineffective assistance of trial counsel. Finds Hanks has not persuaded the Indiana Court of Appeals that, as applied to the facts of his case, his counsel was required to advise him of the local judge’s sentencing practices. Remands for judgment on Hanks’ claim that his guilty plea to one count of Class A felony child molesting was not made knowingly, intelligently and voluntarily because it was raised but not resolved by the PCR court.

In re the Termination of the Parent-Child Relationship of: Co.S., E.S., Cl.S., P.S., and M.S. (minor children) and D.S. (Father) v. The Indiana Department of Child Services (mem. dec.)
82A01-1609-JT-2111
Juvenile termination of parental rights. Remands the Vanderburgh Superior Court’s termination of D.S.’s parental rights to his five minor children. Finds the orders terminating D.S.’s parental rights were not approved by the juvenile court.

Larry W. Hollerbach and Jerri A. Hollerbach v. Kerri English and Steven English (mem. dec.)
82A01-1609-PL-2289
Civil plenary. Affirms the trial court’s grant and denial in part of Larry and Jerri Hollerbach’s motion for summary judgment, specifically declining to award attorney fees. The trial court did not err in failing to hold a hearing on the Hollerbachs’ request for attorney fees pursuant to Indiana Code 34-52-1-1 and failing to hold a hearing pursuant to Indiana Rule of Trial Procedure 37(A)(4).

In the Matter of: K.M. and D.M., (Minor Children) Children in Need of Services and L.H. (Mother) v. The Indiana Department of Child Services (mem. dec.)
79A02-1609-JC-2260
Juvenile CHINS. Affirms the adjudication of D.M. and K.M. as children in need of services. There was sufficient evidence to sustain the CHINS adjudication.

Charmae L. Lesiewicz v. State of Indiana (mem. dec.)
20A03-1610-CR-2320
Criminal. Affirms Charmae Lesiewicz’s conviction in absentia of operating a motor vehicle while privileges are suspended as a Class A misdemeanor. The trial court did not abuse its discretion when it denied Lesiewicz’s motion for a continuance in lieu of a trial with Lesiewicz in absentia. Also finds there was sufficient evidence to sustain the conviction.

Kimberly D. Hickman v. City of Austin (mem. dec.)
72A01-1608-CT-1977
Civil tort. Reverses the Scott Circuit Court’s grant of summary judgment to the city of Austin. Finds Kimberly Hickman’s claim does not relate to the city’s performance of a discretionary function and the city was not, therefore, immune from liability under the Indiana Tort Claims Act.

Charlene Renier v. State of Indiana (mem. dec.)
09A05-1607-CR-1709
Criminal. Reverses Charlene Renier’s convictions of corrupt business influence as a Level 5 felony. The state’s evidence is insufficient to establish that Renier participated in a pattern of racketeering activity. Remands with instructions to vacate Renier’s conviction and sentence of four years of the Indiana Department of Correction.  

In re the Matter of the Termination of the Parent-Child Relationship of S.N. (Minor Child) and J.F. (Father) v. Indiana Department of Child Services (mem. dec.)
02A05-1610-JT-2361
Juvenile termination of parental rights. Affirms the juvenile court’s grant of the Department of Child Services’ petition seeking termination of J.F.’s parental rights to S.N. The evidence is sufficient to support the juvenile court’s order terminating J.F.’s parental rights.

Maurice E. Hilliard v. State of Indiana (mem. dec.)
48A05-1609-CR-2087
Criminal. Affirms the revocation of Maurice E. Hilliard’s probation and placement on home detention. Finds the Madison Circuit Court did not err in admitting certain evidence.

Justice K. Kiama v. State of Indiana (mem.dec.)
71A05-1610-CR-2396
Criminal. Affirms Justice Kiama’s conviction for Class A misdemeanor intimidation. The evidence is sufficient to sustain the challenged conviction.

Edward Smith v. State of Indiana (mem. dec.)
45A03-1609-CR-1974
Criminal. Affirms Edward Smith’s convictions for child molesting and criminal confinement. The trial court did not err when it declined to declare a mistrial after the prosecutor commented during closing argument on Smith’s failure to speak with police after the incident in question. Finds given the strength of the state’s case, it is highly unlikely that the jury would have reached a different verdict but for the prosecutor’s comment.

Daniel Hoagland v. Town of Clear Lake (mem. dec.)
76A04-1603-SC-574
Small claims. Affirms the Steuben Circuit Court’s finding concerning the location of parcels within the town of Clear Lake. Reverse the judgment that Daniel Hoagland is not personally liable for the trash collection fees at issue. Finds Hoagland is personally liable for the trash collection charges for his residence at 1114 Clear Lake Drive and for the property located at 804 South Clear Lake Drive under Section 52.08 of the town’s ordinance. Remands for proceedings consistent with this opinion.

In re the Termination of the Parent-Child Relationship of: K.Y. and G.Y. (Minor Children) and D.Y. (Father) v. The Indiana Department of Child Services (mem. dec.)
79A05-1609-JT-2160
Juvenile termination of parental rights. Affirms the termination of father’s parental rights to his children, K.R. and G.Y. There is sufficient evidence to support the Tippecanoe Superior Court’s judgment.

Terrell A. Dodd v. State of Indiana (mem. dec.)
33A01-1607-CR-1543
Criminal. Affirms Terrell Dodd’s convictions for domestic battery and invasion of privacy. Finds the evidence supports Dodd’s convictions.