Opinions Aug. 20, 2020

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Indiana Court of Appeals
Judy Reece v. Tyson Fresh Meats, Inc., et al.
20A-CT-214
Civil tort. Majority affirms the grant of summary judgment in favor of Tyson Fresh Meats Inc. and Tyson Foods Inc. in a lawsuit alleging that tall grass on its property obstructed the view of an intersection before a crash in which a motorcyclist sustained catastrophic brain injuries. Finds Tyson negated the element of duty in Reece’s negligence claim. Senior Judge John Baker dissents, finding multiple issues of fact rendering summary judgment inappropriate, and would consequently reverse and remand for proceedings. Unanimously affirms the trial court’s evidentiary rulings.

Joseph Hicks v. State of Indiana (mem. dec.)
19A-CR-2168
Criminal. Affirms Joseph Hicks’ convictions of Level 2 felony dealing in methamphetamine and Level 6 felony dealing in marijuana but reverses his conviction of Level 5 felony neglect of a dependent, finding insufficient evidence. Also finds sufficient evidence to support the dealing convictions. Finally, finds his aggregate 22-year sentence is not inappropriate. Remands to the Jay Circuit Court to vacate the neglect conviction and the five-year concurrent sentence on that count.

Devon Scott Bline v. State of Indiana (mem. dec.)
19A-CR-3067
Criminal. Affirms Devon Bline’s conviction of Level 2 felony dealing in methamphetamine, finding no reversible error in the instruction to a Marion Superior jury regarding the weight of the drug.

Jacob M. Nodine v. State of Indiana (mem. dec.)
20A-CR-290
Criminal. Affirms Jacob Nodine’s Level 6 felony theft conviction in DeKalb Superior Court. The trial court did not abuse its discretion in admitting evidence, and the evidence was sufficient to support the conviction.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of J.E., et al. (Minor Children) and K.E. (Father) v. The Indiana Department of Child Services (mem. dec.)
20A-JT-371
Juvenile termination of parental rights. Affirms the termination of father K.E.’s parental rights regarding four children, finding the evidence presented in Switzerland Circuit Court sufficient to support the termination.

Adam Sims v. State of Indiana (mem. dec.)
19A-CR-2932
Criminal. Affirms Adam Sims’ conviction of Level 5 felony domestic battery and the Elkhart Superior Court’s order barring him from possessing a firearm or ammunition. Clarifies that he is not prohibited from possessing other deadly weapons, despite an oral advisory to that effect in the trial court. Affirms in all other respects.

James Colyer v. State of Indiana (mem. dec.)
20A-CR-122
Criminal. Affirms James Colver’s conviction of Class A misdemeanor trespass, finding sufficient evidence to support the Brown Circuit jury’s verdict.

In the Matter of the Termination of Parental Rights of: G.C. (Minor Child) and C.C. (Mother) v. The Indiana Department of Child Services (mem. dec.)
19A-JT-1982
Juvenile termination of parental rights. Affirms the termination of mother C.C.’s parental rights regarding minor child G.C., finding the termination order of the Adams Circuit Court was not clearly erroneous and the evidence was sufficient.

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