Opinions Dec. 8, 2023

Court of Appeals of Indiana
Mark A. Goodlett v. Town of Clarksville and Town of Clarksville Fire Department (mem. dec.)
23A-CT-460
Civil tort. Affirms the Town of Clarksville Board of Police and Fire Commissioners’ decision to terminate Mark A. Goodlett. Finds the board properly exercised its authority under Indiana Code § 36-8-3-4 and the departments general orders, so its decision to terminate Goodlett for neglect of duty, immoral conduct, conduct unbecoming an officer, violations of department rules and breaches of discipline was not arbitrary and capricious and did not otherwise violate Goodlett’s due process rights.

Jacob D. Gates v. State of Indiana (mem. dec.)
23A-CR-1396
Criminal. Affirms Jacob D. Gates’ aggregate sentence to 10 years, with six months suspended to probation, for Level 2 felony burglary and Level 3 felony robbery. Finds Gates’ sentence is not inappropriate.

Richard Osowski v. State of Indiana (mem. dec.)
23A-CR-1118
Criminal. Reverses Richard Osowski’s conviction of Level 1 felony neglect of a dependent resulting in death. Finds the state failed to prove beyond a reasonable doubt that Osowski’s neglect resulted in S.O.’s death, but there is sufficient evidence to sustain his conviction for Level 6 felony neglect for failing to provide necessary support. Remands with instructions to vacate the Level 1 felony conviction, enter judgment for Level 6 felony neglect of a dependent and for resentencing.

Michelle Key v. State of Indiana (mem. dec.)
23A-CR-1754
Criminal. Affirms Michelle Key’s sentence to 30 years’ imprisonment for neglect resulting in death of a dependent. Finds Key’s sentence is not inappropriate.

Jhanika R. Nance v. State of Indiana (mem. dec.)
23A-CR-1354
Criminal. Affirms Jhanika Nance’s two-year sentence for Level 6 felony failure to return to lawful detention. Finds the Madison Circuit Court did not abuse its discretion in sentencing Nance.

Cody Polsgrove v. State of Indiana (mem. dec.)
23A-CR-1217
Criminal. Affirms Cody Polsgrove’s six-year sentence for Level 5 felony causing serious bodily injury when operating a vehicle with a Schedule I or II controlled substance (or its metabolite) in his blood. Finds Polsgrove’s sentence is not inappropriate.

Gerald Bell v. State of Indiana (mem. dec.)
23A-CR-443
Criminal. Affirms and reverses in part Gerald Bell’s convictions of Level 2 felony robbery resulting in serious bodily injury, Level 6 felony pointing a firearm and Class A misdemeanor carrying a handgun without a license, and his sentence. Finds sufficient evidence supports the robbery conviction. Also finds Bell’s convictions for pointing a firearm and robbery do not constitute double jeopardy. Finally, finds Bell’s inappropriate-sentence argument is not ripe for appellate review. Remands with instructions that the Tippecanoe Superior Court determine whether the sentence for pointing a firearm should be served concurrently or consecutively with Bell’s other sentences, and for correction of the written sentencing order.

Daniel Jacob Bellm v. State of Indiana (mem. dec.)
23A-CR-1668
Criminal. Affirms Daniel Jacob Bellm’s convictions of Level 5 felony domestic battery and Level 6 felony criminal confinement. Finds the state presented sufficient evidence to permit a reasonable juror to conclude that S.O. was a “family or household member” of Bellm and that Bellm battered her.

Marcia Nix v. Edward Nix (mem. dec.)
23A-DN-1414
Domestic relations, no children. Reverses the Allen Circuit Court’s order on remand in the dissolution of the marriage of Marcia and Edward Nix. Finds the removal of some liabilities from the marital estate was error. Remands with instructions to include the liabilities in the marital estate and to recalculate any equalization payment.

In the Matter of the Civil Commitment of A.N. v. Community Health Network, Inc. (mem. dec.)
23A-MH-1658
Mental health. Affirms A.N.’s involuntary civil commitment. Finds clear and convincing evidence supports the Marion Superior Court’s determination that A.N. was gravely disabled for the purpose of extending her temporary commitment.