Opinions Aug. 21, 2023

Court of Appeals of Indiana
The Estate of Joyce Gillette and Kathryn Gillette v. Franciscan Alliance, Inc., Physician On Duty – St. Francis, Chris Hyman, and John Doe Employees of St. Francis (mem. dec.)
22A-CT-1625
Civil tort. Affirms Marion Superior Court’s order granting summary judgment to the defendants. Finds that because the designated evidence shows the defendants did not render life-prolonging care in the face of a valid refusal, they cannot be liable for medical battery.

Jamari L. Dodson v. State of Indiana (mem. dec.)
22A-CR-2779
Criminal. Affirms Jamari Dodson’s conviction in the Allen Superior Court of Level 6 criminal recklessness, sentence enhancement and aggregate term of 81 1/2 years. Finds the evidence supporting Dodson’s conviction is sufficient. Also finds Dodson failed to establish the nature of the crimes and his character provide a reason to revise his sentence.

Michael D. Keith v. State of Indiana (mem. dec.)
22A-CR-2495
Criminal. Reverses the Hamilton Superior Court’s order revoking Michael Keith’s probation and community corrections placement. Finds the trial court abused its discretion by imposing a fee. Remands with instructions to correct the fee amount.

Ian Alexander Gray v. State of Indiana (mem. dec.)
23A-CR-446
Criminal. Affirms Ian Gray’s conviction for Level 4 child molesting. Finds the evidence was sufficient to support Gray’s conviction in the Hamilton Superior Court. Also finds Gray did not establish ineffective assistance of counsel.

Rachel Jo Wells v. State of Indiana (mem. dec.)
22A-CR-2695
Criminal. Affirms Rachel Wells’ convictions for Level 6 maintaining a common nuisance and Level 2 aiding in dealing methamphetamine and her aggregate 20-year sentence. Finds the evidence was sufficient to support the convictions. Also finds the sentence is not inappropriate. Reverses Wells’ convictions for Level 3 possession of meth. Finds Wells’ convictions for possession of meth and aiding in dealing in meth violate double jeopardy. Remands to the Huntington Superior Court with instructions to vacate the conviction.

Hillard Hathaway v. State of Indiana (mem. dec.)
23A-CR-358
Criminal. Affirms Hillard Hathaway’s conviction for Level 3 aggravated battery. Finds the evidence was sufficient to support the conviction. Also finds the Lake Superior Court did not abuse its discretion by playing a video of a recorded police statement and that such an error would have been harmless. Remands to address a potential double jeopardy violation.

April L. Wright v. State of Indiana (mem. dec.)
23A-CR-367
Criminal. Affirms April Wright’s sentence in the Lake Superior Court of 35 years after pleading guilty to Level 1 neglect of a dependent resulting in death. Finds neither Wright’s character nor the nature of the offense renders her sentence inappropriate.

Robyn L. Hunter v. Mary J. Hoeller and Rebecca Anderson (mem. dec.)
22A-GU-908
Guardianship. Affirms the trial court’s denial of Hunter and Hunter’s mother’s motion to correct error as to the grant of Anderson’s petition for guardianship and petition for a successor trustee. Finds the Marion Superior Court did not err by failing to issue findings of fact and conclusions of law in the judgment. Also finds the trial court did not err in addressing the mother’s trust in the judgment. Also finds failure to provide notice prior to trial does not warrant reversal. Also finds the trial court did not err in admitting the mother’s medical records. Also finds the trial court did not err in determining a neutral guardian and a neutral successor trustee were necessary to manage the mother’s finances. Finally, finds Hunter did not demonstrate reversible error in arguing the trial court should have given effect to the mother’s 2005 power of attorney.

Ishmell Neal Garrett v. State of Indiana (mem. dec.)
22A-PC-2528
Post conviction relief. Affirms the denial of Ishmell Garrett’s petition for post-conviction relief. Finds Garrett failed to show his trial counsel rendered ineffective assistance.