Opinions Dec. 26, 2018

Indiana Court of Appeals 
Andrew W McWhorter v. State of Indiana 
33A01-1710-CR-2415
Criminal. Affirms Andrew McWhorter’s conviction for Class A felony voluntary manslaughter. Finds the Henry Circuit Court did not abuse its discretion in admitting video testimony from a deceased eye-witness. Also finds McWhorter’s due process rights were not violated during his prior trial, nor was he subjected to double jeopardy. Judge L. Mark. Bailey dissents with a separate opinion.

April L. Tipton, et al. v. Physicians Medical Center LLC (mem. dec.)
18A-PL-1749
Civil plenary. Affirms the Floyd Circuit Court’s grant of summary judgment in favor of Physicians Medical Center, LLC. Finds April and Maurice Tipton waived their argument that the medical center failed to properly authenticate certain designated evidence.

Ryan E. Shreeve v. Muncie Chevrolet-Cadillac, Inc., et al. (mem. dec.)
18A-CT-1474
Civil tort. Affirms the Delaware Circuit Court’s dismissal of Ryan Shreeve’s complaint against Muncie Chevrolet-Cadillac, Inc and Stephen DeAnda for failure to prosecute under Indiana Trial Rule 41(E). Finds the trial court did not abuse its discretion when it dismissed Shreeve’s complaint. 

David D. Coleman v. State of Indiana (mem. dec.)
18A-CR-1014
Criminal. Affirms the Orange Circuit Court’s revocation of David Coleman’s probation. Finds the trial court did not err when it did not dismiss the state’s third notice of probation violation under the doctrine of res judicata. Also finds Coleman waived his argument that the trial court’s written order revoking his probation failed to identify the basis for that revocation, and waiver notwithstanding, the court’s written order plainly states the basis for the court’s revocation. Finally, finds the court cannot consider Coleman’s request to review and revise his sentence because Rule 7(B) is not the correct standard to apply when reviewing a sentence imposed for a probation violation. 

Gabriel Morales v. State of Indiana (mem. dec.)
18A-CR-1083
Criminal. Dismisses Gabriel Morales’ appeal of his vacated conviction for Class A misdemeanor operating a vehicle with an alcohol concentration equivalent of .15 or greater. Finds the appeal of his vacated conviction is not ripe.  

Matthew Gilbert v. State of Indiana (mem. dec.)
18A-CR-1194Criminal. Affirms Matthew Gilbert’s conviction for Level 5 felony escape. Finds there was sufficient evidence to show that Gilbert committed escape when he fled from lawful detention.

Brian Valenti v. State of Indiana (mem. dec.)
18A-CR-1416
Criminal. Affirms Brian Valenti’s conviction for Class A misdemeanor resisting law enforcement. Finds there is sufficient evidence to support Valenti’s conviction for resisting law enforcement.

William Belew v. State of Indiana (mem. dec.)
18A-CR-1564
Criminal. Affirms William Belew’s sentence to an aggregate of four years, with three years executed in the Department of Correction and one year suspended to formal probation, for his conviction for Level 5 felony stalking. Finds his placement in the Department of Correction is not inappropriate in light of the nature of the offense and his character.

Brett T. Rhodes v. State of Indiana (mem. dec.)
18A-CR-2038
Criminal. Affirms Brett Rhodes’ two-year sentence for his conviction of Level 6 felony unlawful possession of a syringe. Finds his sentence is not inappropriate in light of the nature of his offense and his character.

Claude F. Hudson v. State of Indiana (mem. dec.)
84A04-1708-CR-1871
Criminal. Affirms Claude Hudson’s conviction for Level 5 felony battery on a public official and his status as a habitual offender. Finds the evidence is sufficient to support Hudson’s conviction for battery. 

Danny L. Young v. Lu Ann S. Young (mem. dec.) 
18A-DR-277
Domestic relation. Affirms the Marion Superior Court’s order for protection in favor of Lu Ann Young, the finding of contempt against Danny L. Young and the order for Danny to pay Lu Ann’s attorney’s fees as a result of his contempt. Finds the trial court did not abuse its discretion when it found Danny in contempt. Also finds Danny demonstrated prima facie error on the issue of attorney’s fees, and thus reverses the trial court’s order for him to pay $1,000 to Lu Ann for attorney’s fees she incurred to enforce the final settlement agreement and order for protection.

M.W. v. State of Indiana (mem. dec.)
18A-JV-1507
Juvenile. Affirms M.W.’s placement in the Department of Corrections for an indeterminate period. Finds the Gibson Circuit Court did not abuse its discretion in placing M.W. in the DOC. 

Termination: S.S. v. Indiana Department of Child Services, et al. (mem. dec.)
18A-JT-1198
Juvenile termination of parental rights. Affirms the termination of S.S.’s parental rights to X.S. Finds S.S. failed to establish that his due process rights were violated. Judge Paul Mathias dissents with separate opinion. 

Termination: W.S., et al. v. Child Advocates Inc, et al. (mem. dec.)
18A-JT-1652
Juvenile termination of parental rights. Affirms the termination of S.S.’s parental rights to A.S. and An.S. Finds S.S. waived any claim that she was denied due process. Also finds the Marion Superior Court’s judgment was not clearly erroneous. 

Termination: R.B. v. Indiana Department of Child Services (mem. dec.)
18A-JT-1789
Juvenile termination of parental rights. Affirms the termination of R.B.’s parental rights to her children H.B., T.B., W.B. and D.B. Finds R.B. failed to establish that the Decatur Circuit Court’s judgment was clearly erroneous.