Opinions July 24, 2019

Indiana Court of Appeals

Pedro Rayo Zagal v. State of Indiana

19A-PC-694

Post-conviction. Affirms the denial of Pedro Rayo Zagal’s post-conviction relief petition by Elkhart Superior Court for ineffective counsel. Finds Zagal read and signed the advisement of rights and penalties at his initial hearing, which included the provision that if he was convicted of a crime as an illegal alien, he could be deported. Also finds that under Indiana Supreme Court precedent, the trial attorney did not have to separately advise Zagal of the immigration consequences.

KWD Industrias SA DE CV v. IPM LLC and Mark Reynolds

18A-CC-2751

Civil collection. Affirms the Marion Superior Court’s order setting aside a default judgment and sanctions against IPM and defendants, finding defendants demonstrated grounds under Trial Rule 60 for a meritorious defense or claim.

Indiana Farm Bureau as Subrogee of Chester Lemler, Garry Lemler, and Zak Lemler v. CNH Industrial America, LLC and Bane-Welker Equipment, LLC

18A-PL-2368

Civil plenary. Affirms the grant of summary judgment in favor of CNH Industrial America, LLC and Bane-Welker Equipment, LLC in Indiana Farm Bureau Insurance’s action seeking subrogation from CNH Industrial and Bane-Welker for payment Farm Bureau paid to its insured for damages to farm equipment. Finds Bane-Welker properly disclaimed the implied warranty of merchantability with the language used in the purchase order. Also finds the corn head farm tool is not “other property” under Indiana law, so the economic loss doctrine applies to bar Farm Bureau’s recovery of tor claim damages. Finally, finds Farm Bureau’s claim of negligent servicing against Bane-Welker is barred by the economic loss doctrine. Judge Margret Robb concurs and dissents in part with separate opinion.

Jonathan Rivera v. State of Indiana

18A-CR-3108
Criminal. Affirms Jonathan Rivera’s conviction of Level 4 felony attempted child molesting, finding the admission of testimony from a victim did not constitute fundamental error. Likewise finds Rivera’s six-year executed sentence, with two years suspended to probation, was not inappropriate.

Tommy G. Hinds, III v. State of Indiana (mem. dec.)

18A-CR-2795

Criminal. Affirms Tommy Hinds’ conviction of Level 1 felony attempted murder and his aggregate 60-year sentence. Finds the state presented sufficient evidence beyond a reasonable doubt to convict Hinds. Also finds his sentence is not inappropriate in light of the nature of the offense and his character.

In Re the Matter of: M.B. (Minor Child) and L.A. (Mother) v. The Indiana Department of Child Services, and Child Advocates, Inc. (mem. dec.)

19A-JC-253

Juvenile CHINS. Affirms the determination that mother L.A.’s minor child, M.B., is a child in need of services. Finds the Marion Superior Court’s findings were supported by the evidence. Also finds the conclusion that M.B. was a CHINS was not clearly erroneous.

Jose E. Santiago-Vazquez v. State of Indiana (mem. dec.)

18A-CR-2680

Criminal. Affirms Jose E. Santiago-Vazquez’s convictions for two counts of Level 3 felony aggravated battery in separate causes, and his aggregate 32-year sentence. Finds Santiago-Vazquez waived his double jeopardy claim because he entered a guilty plea. Also finds the Tippecanoe Superior Court did not abuse its sentencing discretion in identifying aggravating circumstances or by its imposition of consecutive sentences. Finally, finds Santiago-Vazquez’s sentence is not inappropriate in light of the nature of his offenses and his character.

In Re the Marriage of: Kristina Sigman v. Jeremy D. Sigman (mem. dec.)

19A-DR-56

Domestic relations. Reverses the denial of Kristina Sigman’s motion to set aside an agreed order that amended Jeremy D. Sigman’s child support obligation and arrearage. Finds the Lake Circuit Court erred in denying Kristina’s motion to set aside the agreed order as void due to defective notice. Remands for further proceedings.

David A. Stanley v. State of Indiana (mem. dec.)

18A-CR-3052

Criminal. Affirms David Stanley’s conviction of one count of Level 1 felony child molesting and his 45-year sentence in the Department of Correction. Finds the admission of the child victim’s out-of-court statements did not result in a drumbeat repetition of the allegations against Stanley. Also finds the trial court properly found Stanley’s lack of remorse to be an aggravating circumstance.

In the Matter of: G.T., T.H., M.H., and M.C., Children in Need of Services, and A.C. (Mother) v. The Indiana Department of Child Services (mem. dec.)

19A-JC-219

Juvenile CHINS. Affirms the adjudication of mother A.C.’s four minor children, G.T., T.H., M.H. and M.C., as children in need of services. Finds there is sufficient evidence to prove the children are CHINS.