Opinions Feb. 25, 2022

Court of Appeals of Indiana
Robert D. Willis and Cindy L. Willis v. Dilden Brothers, Inc.
21A-CT-378
Civil tort. Affirms and reverses in part the Tippecanoe Superior Court’s various rulings in a dispute between Robert D. and Cindy L. Willis and Dilden Brothers Inc. Summarily affirms the verdict and final damages award on Count 1, as Dilden does not challenge them. Finds the trial court did not abuse its discretion in denying Dilden’s motion to correct error as to Count 2 or in awarding damages for an incurable deceptive act as to Robert on Count 3, but did abuse its discretion in awarding damages for an uncured deceptive act as to Cindy. Also finds the trial court abused its discretion in impeaching the jury’s verdict on Count 4 based on a juror’s comment about attorney fees but did not abuse its discretion in reducing the award to $15,000. Finally, finds the trial court did not abuse its discretion in denying the Willises’ motion for recusal or in determining the amount of the attorney fees award. Judge L. Mark Bailey concurs and dissents in part with separate opinion.

Brady A. Turner v. State of Indiana
21A-CR-1359
Criminal. Affirms Brady A. Turner’s murder conviction. Finds no reversible error in the admission of evidence or in the denial of Turner’s motion to secure attendance of a witness incarcerated in another state.

Philip W. Richardson v. State of Indiana (mem. dec.)
21A-CR-1146
Criminal. Affirms Philip W. Richardson’s conviction for Level 6 felony possession of methamphetamine and his sentence to 2½ years executed. Finds the Franklin Circuit Court did not err by admitting methamphetamine as evidence. Also finds Richardson has failed to carry his burden to show that his sentence is inappropriate.

In re the Termination of the Parent-Child Relationship of: Lay.C., Lan.C., Li.C. (Minor Children), and R.C. (Father) and C.W. (Mother) v. Indiana Department of Child Services (mem. dec.)
21A-JT-1257
Juvenile termination of parental rights. Affirms the termination of mother C.W. and father R.C.’s parental rights to Lay.C., Lan.C. and Li.C. Finds R.C. has not demonstrated that the juvenile court abused its discretion in the admission of evidence. Also finds neither R.C. nor C.W. has not shown a deprivation of their due process rights.

Durend Randall v. State of Indiana (mem. dec.)
21A-CR-1454
Criminal. Affirms Durend Randall’s conviction of unlawful possession of a handgun as a serious violent felon as a Level 4 felony. Finds Randall has not shown that fundamental error occurred during the second phase of his bifurcated trial.

Jasean Dale v. State of Indiana (mem. dec.)
21A-CR-1531
Criminal. Affirms Jasean Dale’s convictions of felony murder and Level 5 felony robbery. Finds Dale waived his claim of fundamental error in the Marion Superior Court’s response to the jury’s question by inviting the error through his counsel’s affirmative approval of the response, and waiver notwithstanding, the trial court’s response to the jury’s question for not erroneous, much less fundamentally erroneous. Also finds the trial court did not abuse its discretion when it determined that Dale’s interview with authorities was voluntary and admissible.

Robert James Plato, Jr. v. State of Indiana (mem. dec.)
21A-CR-1870
Criminal. Affirms Robert James Plato Jr.’s conviction of Level 6 felony intimidation, his admission to being a habitual offender and his sentence to an aggregate of eight years. Finds Plato has waived any challenge to the propriety of the state’s closing argument. Also finds the Madison Circuit Court did not abuse its discretion during sentencing, and Plato has not met his burden to establish that his sentence is inappropriate.

In the Termination of the Parent-Child Relationship of: M.S. (minor child) and A.S. (Mother) & C.S. (Father) v. Indiana Department of Child Services (mem. dec.)
21A-JT-1876
Juvenile termination of parental rights. Affirms the involuntary termination of mother A.S. and father C.S.’s parental rights to M.S. Finds that it was probable that the conditions that led to the initial removal of M.S. from C.S.’s care would not be remedied. Also finds A.S. did not maintain communication with Department of Child Services caseworkers, and she had a history of noncompliance with juvenile court orders. Finally, finds the findings and conclusions challenged by A.S. were not clearly erroneous.

The Estate of Albert T. Burton and Carolyn E. Burton v. Indiana Family and Social Services Administration (mem. dec.)
21A-MI-1879
Miscellaneous. Affirms the Jennings Superior Court ruling upholding the Family and Social Services Administration’s denial of Albert T. Burton’s application for Medicaid. Finds Burton waived his appellate arguments.

Charley Hollin v. State of Indiana (mem. dec.)
21A-CR-2006
Criminal. Affirms and reverses in part Charley Hollin’s sentence to 30 years executed in the Indiana Department of Correction and 10 years served on home detention with GPS monitoring for his conviction of Class A felony child molesting, and his status as credit restricted felon. Finds that because Hollin committed the offense in 1999, before 2008 amendments, the Jackson Circuit Court erred when it designated him as a credit restricted felon and, thus, restricted his accumulation of good time credit against his sentence. Declines to otherwise revise Hollin’s sentence pursuant to Indiana Appellate Rule 7(B). Remands with instructions to apply the credit time statutes in effect at the time of Hollin’s offense.

Jeantte Williams v. Chivas FritzWilliams (mem. dec.)
21A-JP-2013
Juvenile paternity. Affirms the grant of father Chivas FritzWilliams’ petition to modify custody of his child with Jeanette Williams, giving him primary physical and sole legal custody of the child. Finds the Monroe Circuit Court’s findings support its conclusions that “there have been substantial changes since the 2018 order” and the child’s “best interest is represented by Father assuming the role of custodial parent.” Also fins there was ample evidence to support the trial court’s decision to award sole legal custody to FritzWilliams.

Kody E. Doutt v. State of Indiana (mem. dec.)
21A-CR-2264
Criminal. Affirms the revocation of Kody E. Doutt’s probation and the sanction imposed upon revocation: that Doutt serve the entirety of his previously suspended sentence of 419 days. Finds the Wells Circuit Court did not abuse its discretion.