Opinions Dec. 31, 2019

Indiana Court of Appeals
Bayer Corporation, et al. v. Rene Leach, et al.
19A-CT-00625
Civil tort. Affirms the Marion Superior Court’s denial of Bayer Corporation’s motion for judgment on the pleadings against Rene Leach and 30 other women who allege they were injured by a medical device manufactured by Bayer. Finds the trial court did not err in declining to enter judgment on the pleadings.

Franco Navarrete v. State of Indiana (mem. dec.)
19A-CR-1472
Criminal. Affirms Franco Navarrete’s convictions of two counts of murder and unlawful possession of a firearm by an alien. Finds the Tippecanoe Superior Court did not abuse its discretion in denying the motion for mistrial or that Navarrete has established prosecutorial misconduct or reversible error.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of: H.O. (Minor Child) and T.O. (Father) v. The Indiana Department of Child Services (mem. dec.)
19A-JT-1681
Juvenile termination. Affirms the termination of T.O.’s parental rights to his child, H.O. Finds the Department of Child Services established by clear and convincing evidence in Marion Superior Court the requisite elements to support the termination of parental rights.

Carlos Martin Uc v. State of Indiana (mem. dec.)
19A-CR-1133
Criminal. Affirms Carlos Uc’s conviction in Marion Superior Court of Level 5 felony battery. Finds there is sufficient evidence to support the conviction and that Uc has not shown a deprivation of due process.

Deyante A. Stephens v. State of Indiana (mem. dec.)
19A-CR-987
Criminal. Affirms Deyante Stephens’ conviction of three counts of murder and one count of using a firearm in the commission of the offense. Finds the Allen Superior Court did not abuse its discretion.

Randall D. Hansen v. State of Indiana (mem. dec.)
19A-PL-1042
Civil plenary. Affirms the Henry Circuit Court’s requirement that Randall Hansen register as a sexually violent predator every 90 days for life. Finds the trial court did not err in dismissing Hansen’s complaint because it is apparent that the facts alleged in his pleading are incapable of supporting relief under any set of circumstances.

Dennis M. Feyka v. State of Indiana (mem. dec.)
18A-PC-1917
Post conviction. Affirms the denial of Dennis Feyka’s petition for post-conviction relief. Finds Feyka was not deprived of a procedurally fair post-conviction hearing in Marion Superior Court.

Jason M. Middleton v. State of Indiana (mem. dec.)
19A-CR-512
Criminal. Affirms Jason Middleton’s conviction of Level 6 felony counterfeiting. Finds the Shelby Circuit Court did not err by denying his Criminal Rule 4(B) motion to dismiss or his motion to correct error.

Randall Ray Kratzer v. State of Indiana (mem. dec.)
19A-CR-1181
Criminal. Affirms the Dubois Circuit Court’s determination of jail time credit following its revocation of Randall Kratzer’s probation and work release placement and following his conviction of Level 6 felony failure to return to lawful detention. Finds the trial court did not deny Kratzer jail time credit to which he was entitled.

Kathleen Alexander v. Damasius, Inc. d/b/a Vyto’s Pharmacy, Traci Vrehas, and Suzanne Cantu (mem. dec.)
19A-CT-1556
Civil tort. Affirms the denial of Kathleen Alexander’s motion to amend her complaint in Lake Superior Court. Finds reversal is not warranted.

D.R. v. State of Indiana (mem. dec.)
19A-JV-1145
Juvenile. Affirms the Wells Circuit Court’s modified placement for juvenile D.R. and order that he be committed to White’s Residential Treatment Center. Finds the juvenile court did not abuse its discretion by modifying its dispositional order and placing D.R. at White’s.

Brandie Rose Malicoate v. State of Indiana (mem. dec.)
19A-CR-1938
Criminal. Affirms Brandie Malicoate’s aggregate 14-year sentence for conviction of Level 2 felony dealing in methamphetamine and Class A misdemeanor carrying a handgun without a license. Finds the sentence is not inappropriate.

Mark C. Marshall v. State of Indiana (mem. dec.)
19A-CR-760
Criminal. Affirms in part, reverses in part Mark Marshall’s conviction of Level 5 felony domestic battery, Level 6 felony strangulation, and Level 6 felony criminal confinement. Finds the Tippecanoe Superior Court acted within its discretion when it excluded evidence of Marshall’s alibi defense but erred when it sentenced him by attaching a habitual offender enhancement to his domestic battery conviction. Remands for resentencing.

In the Matter of R.W., a Child Alleged to be Delinquent v. State of Indiana (mem. dec.)
19A-JV-1729
Juvenile. Affirms R.W.’s commitment to the Indiana Department of Correction following his adjudication as a delinquent and subsequent probation violations. The Hendricks Superior Court did not abuse its discretion in placing R.W. in the DOC.

Crossroads Family Farms, LLC, et al. v. Agrifund, LLC (mem. dec.)
19A-PL-2271
Civil plenary. Dismisses Crossroads Family Farms, LLC and Crossroads Family Farms, Inc.’s challenge of an order of the Hancock Circuit Court that Agrifund, LLC may pursue garnishment of funds that the corporation may owe the LLC in proceedings supplemental. Finds the appellate court is without subject matter jurisdiction.

Thomas K. Jackson v. State of Indiana (mem. dec.)
19A-CR-796
Criminal. Affirms Thomas Jackson’s 36-year sentence for conviction of three counts of Level 3 felony rape. Finds sufficient evidence supports the convictions. Finds the LaPorte Superior Court did not abuse its discretion in sentencing Jackson and that Jackson’s sentence is not inappropriate. Judge Elaine Brown concurs in part and dissents in part with opinion.

In the Matter of the Termination of the Parent-Child Relationship, C.S., Minor Child, A.S., Mother v. Indiana Department of Child Services (mem. dec.)
19A-JT-1727
Juvenile termination. Affirms the involuntary termination of A.S.’s parental rights to her child, C.S. Finds the Fulton Circuit Court did not clearly err in finding that a reasonable probability exists that the conditions resulting in C.S.’s removal or the reasons for placement outside A.S.’s care will not be remedied. Judge Elizabeth Tavitas concurs with a separate opinion.

Chad Burton v. Keesha (Burton) Richardville (mem. dec.)
19A-DR-1482
Domestic relation. Affirms the denial of Chad Burton’s motion for modification of child custody. Reverses the Daviess Circuit Court’s denial of Burton’s motion to hold Keesha (Burton) Richardville in contempt. Remands.