Opinions Sept. 27, 2018

Indiana Court of Appeals

Rainbow Realty Group, Inc., and/or Cress Trust v. Katrina Carter and Quentin Lintner,
49A02-1707-CC-1473.
Civil collections. Reverses the Marion Superior Court’s entry of summary judgment in favor of Katrina Carter and Quentin Lintner. Reverses the award to them of $4,000 in damages and $3,000 in attorney fees. Remands with instructions to enter summary judgment for Rainbow Realty. Finds Rainbow’s rent-to-buy agreement was not a lease; that Rainbow had not committed fraud as a matter of law; and that because Carter and Lintner did not prevail, they are not entitled to legal fees.

In re the Matter of B.V., Minor Child, and D.V., Mother v. The Indiana Department of Child Services
18A-JC-988
Juvenile CHINS. Reverses the Decatur Circuit Court’s order determining that B.V. is a child in need of services. Finds there is insufficient evidence to support the CHINS finding.

Dr. Curtis K. Deason and Connie S. Deason v. Bill R. McWhorter and Heather McWhorter Revocable Living Trust, Dated January 24, 2003
18A-PL-270
Civil plenary. Reverses the judgment in favor of the Bill R. McWhorter and Heather McWhorter Revocable Living Trust, dated Jan. 24, 2003, for damages after Curtis and Connie Deason defaulted on a contract for sale of real estate. Finds that after the Deasons defaulted, the trust elected a forfeiture remedy and was no longer entitled to pursue a foreclosure remedy and a deficiency judgment as it did. Also finds the forfeiture was the proper remedy to pursue. Finally, finds the Howard Superior Court erred when it entered judgment in favor of the trust under a remedy of foreclosure and awarded it a deficiency judgment. Remands for a recalculation of the damages award.  

In re the Marriage of Michael Hickey (Deceased) v. Jackie L. Hickey, v. ArcelorMittal USA LLC Pension Plan
45A05-1710-DR-2535
Domestic relation. Reverses the Lake Circuit Court’s denial of ArcelorMittal USA LLC Pension Plan’s motion for relief from the trial court order that vacated a dissolution of marriage decree, finding the trial court abused its discretion. Remands for proceedings.

Joseph B. Fernanders, III v. State of Indiana
18A-CR-812
Criminal. Affirms Joseph Fernanders’ conviction for Level 6 felony battery. Finds there is sufficient evidence to refute Fernanders defense of parental privilege to discipline his child. Concludes that Fernanders failed to demonstrate a reasonable probability that the result of the trial would have been different if he had presented testimony.

Islom Niyozov v. State of Indiana (mem. dec.)
18A-IF-853
Infraction. Affirms the Whitley Superior Court’s infraction judgment entered against Islom Niyozov following a bench trial for disregarding a red traffic signal. Finds there is sufficient evidence to support the conviction and that Indiana Code Section 9-21-3-7 applies to traffic signals located at intersections.

In re the Termination of the Parent-Child Relationship of B.K. (Minor Child) and B.S. (Father) B.S. (Father) v. Indiana Department of Child Services, and Child Advocates, Inc. (mem. dec.)
18A-JT-944
Juvenile termination. Affirms the Marion Superior Court’s termination of B.S.’s parental rights to his daughter, B.K. Finds it in B.K.’s best interests for B.S.’s parental rights to be terminated.

Michael L. Elliott v. State of Indiana (mem. dec.)
18A-CR-284
Criminal. Affirms Michael L. Elliott’s conviction of Level 4 felony possession of a firearm by a serious violent felon, Level 4 felony possession of cocaine, and Class A misdemeanor possession of marijuana. Finds the Marion Superior Court did not abuse its discretion when it admitted evidence seized by the police after Elliott was stopped for suspected drug activity.

In the Matter of the Termination of the Parent-Child Relationship of D.K.R. (Child) and D.W.R. (Father); D.W.R. (Father) v. The Indiana Department of Child Services (mem. dec.)
18A-JT-613
Juvenile termination. Affirms the Allen Superior Court’s termination of D.W.R’s parental rights to D.K.R. Finds D.W.R. was not denied due process during proceedings.

Marvin J. Perkins v. State of Indiana (mem. dec.)
18A-CR-702
Criminal. Finds the Allen Superior Court failed to award the accrued credit time for the days Marvin Perkins was incarcerated during his probation revocation proceedings. Remands with instructions for the trial court to award Perkins the accrued credit time to which he is entitled.

Tyler Steffey v. State of Indiana (mem. dec.)
18A-CR-798
Criminal. Affirms Tyler Steffey’s convictions of Level 3 felony aggravated battery and Level 6 felony auto theft. Finds there is sufficient probative evidence and reasonable inferences for jurors to find Steffey guilty beyond a reasonable doubt.

Michael G. Tomera v. Rachel B. Tomera (mem. dec.)
18A-DR-587
Domestic relation. Affirms the Lake Circuit Court’s decree and grant of request for relocation in proceedings dissolving Michael Tomera’s marriage to Rachel B. Tomera. Finds the trial court did not err in granting mother’s relocation request, in calculating father’s weekly child support obligation, and in granting mother’s request for attorney fees.

In the Matter of the Termination of the Parent-Child Relationship of C.D. and S.D.; S.C. (Mother) v. Indiana Department of Child Services (mem. dec.)
18A-JT-1293
Juvenile termination. Affirms the Jennings Circuit Court’s termination of S.C.’s parental rights over her minor children C.D. and S.D. Finds there is sufficient evidence to support the termination.

Jermaine Thornton v. State of Indiana (mem. dec.)
47A01-1706-CR-1266
Criminal. Affirms Jermaine Thornton’s conviction of Level 6 felony domestic battery resulting in moderate bodily injury. Finds the trial court did not abuse its discretion by admitting testimony. Finds any error is harmless in light of the independent evidence of Thornton’s guilt.

Lloyd Brown, Jr. v. State of Indiana (mem. dec.)
18A-CR-469
Criminal. Affirms Lloyd Brown’s 10-year aggregate sentence for conviction of Level 5 felony intimidation where defendant draws or uses a deadly weapon; Level 5 felony criminal confinement; Level 6 felony battery resulting in moderate bodily injury; Level 6 felony domestic battery; Level 6 felony criminal confinement; and Class A misdemeanor invasion of privacy. Finds the Grant Superior Court did not abuse its discretion. Finds the sentence is appropriate.