Opinions Dec. 30, 2019

7^th Circuit Court of Appeals
Thomas Dennis Jr. v. Niagara Credit Solutions, Inc., et al.
19-1654
Appeal from the US District Court for the Southern District of Indiana, New Albany Division. Judge Richard L. Young.
Civil. Affirms judgment on the pleadings in favor of Niagara Credit Solutions defendants on Thomas Dennis Jr.’s complaint alleging violation of the Fair Debt Collection Practices Act. Finds the claims raised by Dennis meritless.

Indiana Court of Appeals
James C McClernon v. State of Indiana
19A-CR-01305
Criminal. Affirms the Vanderburgh Circuit Court’s denial of James McClernon’s motion to dismiss the state’s charge against him for Level 5 felony failing to register vehicle information as required by the Indiana Sex Offender Registry. Finds the statutory language is not unconstitutionally vague and that the trial court did not err in denying the motion to dismiss. Judge John Baker dissents with a separate opinion.

Paternity: Phillip Young v. Jessica Lynn Davis, et al.
19A-JP-01015
Juvenile paternity. Affirms the Grant Superior Court’s vacation of a previous order establishing Phillip Young as E.Y.’s legal father and its order establishing Dakota Faunce as the child’s legal father. Finds it would have been superfluous to require either Jessica Davis or Faunce to initiate separate proceedings under Indiana Code Title 31, Article 14.

Donald B Kite, Sr. v. Alexandra Curlin
19A-MI-00051
Miscellaneous. Reverses the Marion Circuit Court’s denial of Donald B. Kite Sr.’s petition for election contest arguing that Alexandra Curlin is ineligible to serve as a member of the Washington Township School Board in Indianapolis. Finds that Curlin is ineligible for the office because she did not live in the district she was elected to represent and continues not to live there after her election. Remands.

Lutheran Health Network of Indiana Llc, et al. v. Brian B Bauer, et al.
19A-MI-00654
Miscellaneous. Affirms in part the Allen Superior Court’s award of fees and costs to various non-parties and Indiana University Health against Lutheran Health Network of Indiana, Lutheran Health Network Investors, and CHSPSC. Finds the trial court did not lack jurisdiction to award fees and costs; did not err in ruling the nonparties are entitled to fees under Trial Rule 34(C)(3) or in ruling that IU Health has standing to seek fees and costs under the rule. Finds Lutheran must be given an opportunity to challenge the reasonableness of the requested fees and remands with instructions to give them the opportunity.

LaShawn A. Tanks v. State of Indiana (mem. dec.)
19A-CR-910
Criminal. Affirms LaShawn Tanks’ conviction in Hamilton Superior Court of Level 6 felony theft and Level 6 felony fraud. Finds there is sufficient evidence to support the convictions.

In the Matter of: K.B., J.K.E., J.E. & K.E. (Minor Children), Children Alleged to be Children In Need of Services, and A.E. (Mother) v. Indiana Department of Child Services (mem. dec.)
19A-JC-1956
Juvenile CHINS. Affirms the LaPorte Circuit Court’s finding that A.E.’s four children are children in need of services. Finds sufficient evidence to support the trial court’s conclusion that the children are CHINS.

Tylarr Tagliaferri v. State of Indiana (mem. dec.)
19A-CR-1876
Criminal. Affirms Tylarr Tagliaferri’s 30-year sentence for conviction of three counts of Level 3 felony child molesting. Finds the sentence is not inappropriate and that the Steuben Superior Court did not err in failing to find Tagliaferri’s own victimization of molestation as a child to be a mitigating factor.

Andrew D. Rodgers v. State of Indiana (mem. dec.)
19A-CR-1331
Criminal. Affirms Andrew Rodgers’ conviction of Level 6 felony maintaining a common nuisance. Finds there is sufficient evidence to support the conviction in Elkhart Circuit Court.

Patience Hall v. State of Indiana (mem. dec.)
19A-CR-1514
Criminal. Affirms Patience Hall’s conviction of Level 6 felony possession of cocaine. Finds there was no abuse of the Marion Superior Court’s discretion in its denial of Hall’s oral motion to continue the bench trial.

Roderick Bunnell v. State of Indiana (mem. dec.)
19A-CR-864
Criminal. Affirms the denial of Roderick Bunnell’s motion to correct erroneous sentence. Finds the Marion Superior Court did not abuse its discretion in denying Bunnell’s motion to correct erroneous sentence.

In the Matter of K.F. (Minor Child), a child in need of services; K.J. (Mother) v. Indiana Department of Child Services (mem. dec.)
19A-JC-1409
Juvenile CHINS. Dismisses mother K.J.’s appeal of the Monroe Circuit Court’s dispositional order issued following the adjudication of her son, K.F., as a child in need of services. Finds the issue is not ripe for review.

Kwin T. Boes v. State of Indiana (mem. dec.)
19A-CR-1755
Criminal. Affirms Kwin Boes’ 25-year sentence for conviction of Level 2 felony domestic battery resulting in death of a minor. Finds the sentence imposed in Gibson Superior Court is not inappropriate in light of the nature of the offense or Boes’ character.

Samuel E. Moore v. State of Indiana (mem. dec.)
19A-CR-523
Criminal. Affirms Samuel Moore’s conviction for Class A misdemeanor domestic battery. Finds there is sufficient evidence to support the conviction.

Chad K. Green v. State of Indiana (mem. dec.)
19A-CR-892
Criminal. Affirms Chad Green’s sentence for conviction of Level 6 felony residential entry and Class A misdemeanor operating a vehicle while intoxicated. Finds that Green’s one-year sentence in F6-649 is not inappropriate. Finds the Jefferson Circuit Court properly exercised its discretion in ordering Green to serve the entirety of his previously suspended sentence upon revocation of his probation in F5-754.

Victor Morales v. State of Indiana (mem. dec.)
19A-CR-1078
Criminal. Affirms Victor Morales’ 30-year sentence for his conviction of Class A felony child molesting. Finds the Marion Superior Court did not abuse its discretion.