Opinions July 13, 2022

Court of Appeals of Indiana
Donald Kearschner v. American Family Mutual Insurance Company, S.I.
21A-CT -1888
Civil Tort. Reverses summary judgment granted to American Family Mutual Insurance Co. and remands for further proceedings in Owen Circuit Court. Finds American Family’s policy provision reducing Donald Kearschner’s underinsured motorist policy limit to zero based on the payment he received from worker’s compensation provided less coverage than the state’s underinsured motorist statute, Indiana Code § 27-7-5-2, required and is inconsistent with the view that the UIM Statute is a full-recovery, remedial statute. Concludes Kearschner is entitled to the difference between his underinsured policy limit of $100,000 and the $50,000 he received from the tortfeasor’s insurer.

Rafael Pouriet-Gannett v. State of Indiana (mem. dec.)
21A-CR-2640
Criminal. Affirms Rafael Pouriet-Gannett’s 100-year sentence for three counts of Level 1 felony child molesting and one count of Level 3 felony vicarious sexual gratification. Finds that the Marion Superior Court did not abuse its discretion in sentencing Pouriet-Gannett and that his sentence is not inappropriate.

Halie Jo Book v. Kevin Book (mem. dec.)
22A-DC-451
Domestic relations with children. Reverses in part, affirms in part. Finds the Orange Circuit Court abused its discretion when it suspended Kevin Book’s child support obligation on the sole ground that the father had not had parenting time with his children. However, finds Halie Jo Book, the mother, has waived her claim regarding the award of attorney fees by failing to comply with the applicable Appellate Rule. Remands for further proceedings consistent with the opinion.

Andre Williams v. Review Board of the Indiana Department of Workforce Development (mem. dec.)
21A-EX-2763
Agency action. Affirms the decision of the Indiana Department of Workforce Development Unemployment Insurance Review Board affirming an administrative law judge’s conclusion that Andre Williams failed to timely appeal the June 23, 2020, denial of unemployment benefits for the week ending May 30, 2020. Finds the board was correct in determining that Williams’ appeal was untimely.

Joseph A. Kellams v. State of Indiana (mem. dec.)
22A-CR-200
Criminal. Affirms Joseph A. Kellams’s 16-year sentence for conviction of Level 3 felony dealing in methamphetamine. Finds Kellams’ sentence is not inappropriate in light of his character or the nature of the offense.

Roy Debose v. State of Indiana (mem. dec.)
22A-CR-227
Criminal. Affirms the revocation of Roy Debose’s 18-month suspended sentence after he left a substance abuse treatment program he could not afford for his failure to complete treatment, failure to report to his probation officer and failure to pass two drug tests. Finds Debose has failed to show the revocation of his entire 18-month sentence was an abuse of discretion.

In Re the Matter of the Guardianship of Sarah Turner Mary Luedtke v. Deborah Hubers (mem. dec.)
22A-GU-475
Guardianship. Affirms the Jasper Circuit Court’s order removing Mary Luedtke as a co-guardian of the person and estate of her daughter, Sarah Turner. Finds Luedtke has not demonstrated that the trial court abused its discretion in removing her as Turner’s co-guardian.

In the Termination of the Parent-Child Relationship of: M.P. and J.P. v. Indiana Department of Child Services (mem. dec.)
21A-JT-2886
Juvenile termination. Affirms the termination of J.P.’s parental rights to his son, M.P. Concludes J.P. has waived the argument that his due process rights were violated in the termination proceeding. Finds that even if it was not waived, J.P. has shown no due process violation.