Opinions July 29, 2020

Indiana Court of Appeals
In the Adoption of K.H., D.R. v. M.M. and C.M.
20A-AD-337
Affirms the Vanderburgh Superior Court’s adoption decree. Holds that biological father D.R. has not met his burden to overcome the presumption the trial court’s decision is correct or that the evidence leads to but one conclusion and the trial court reached the opposite conclusion.

Anonymous Physician 1, and Indianapolis Fertility, Inc., d/b/a Reproductive Endocrinology Associates v. Elizabeth White and Matthew White
19A-CT-1262
Civil tort. Affirms the Marion Superior Court’s denial of Anonymous Physician 1, and Indianapolis Fertility, Inc., d/b/a Reproductive Endocrinology Associates’ motion to dismiss Matthew White’s multi-count complaint, which was filed after White learned that physician had used physician’s own sperm, rather than that of an anonymous donor, to artificially inseminate White’s mother. Finds Matthew has sufficiently stated breach of contract and tort claims for which relief can be granted, and therefore the trial court did not err in denying the appellants’ motion to dismiss.

State of Indiana v. Tammy R. Herrmann
20A-CR-00307
Criminal. Reverses on interlocutory appeal the Franklin Circuit Court’s order appointing a special prosecutor because a deputy in the office had a conflict of interest regarding criminal defendant Tammy R. Herrmann. Holds that while it is well settled that if an elected prosecutor has a conflict of interest that the whole office is disqualified, but in this case, it is not necessary to disqualify the whole office, since the deputy prosecutor who has the conflict is a part-time deputy who primarily handles child-support matters and has had no involvement in the criminal case against Herrmann. Remands for proceedings.

Yancey Shane Crews v. State of Indiana (mem. dec.)
20A-CR-207
Criminal. Affirms Yancey Crews’ conviction of Level 3 felony dealing in methamphetamine, three counts of Level 4 felony dealing in meth, two counts of Level 5 felony dealing in meth, and his adjudication as a habitual offender. Finds no abuse of discretion in the Montgomery Circuit Court’s rejection of Crews’ chain-of-custody objection or of his motion to continue.

Alonzo J. Clark v. State of Indiana (mem. dec.)
20A-CR-151
Criminal. Affirms Alonzo Clark’s 2½-year executed sentence imposed for his convictions and probation violation for various drug offenses under two separate cause numbers in Allen Superior Court. Declines to revise Clark’s sentence.

K.B. v. State of Indiana (mem. dec.)
20A-JV-72
Juvenile. Affirms the Jennings Circuit Court’s order committing K.B. to the Indiana Boys School following his adjudication as a delinquent child and being placed on probation. Finds that the juvenile court’s decision to commit K.B. to the Indiana Boys School was reasonable given the facts and circumstances before it and thus was not an abuse of discretion.

Dwight Caprice Cross v. State of Indiana (mem. dec.)
20A-CR-23
Criminal. Affirms Dwight Cross’ convictions of robbery resulting in bodily injury and burglary. Concludes that a detective’s statements on redirect examination in Lake Superior Court did not impact Cross’s substantial rights.

Daniel Brewington v. Dearborn Superior Court II, Judge Sally McLaughlin, Judge Brian Hill, Court Reporter Barbara Ruwe (mem. dec.)
19A-PL-3047
Civil plenary. Affirms the entry of summary judgment to Dearborn Superior Court II, Judge Sally McLaughlin, Judge Brian Hill and court reporter Barbara Ruwe against Daniel Brewington’s claims that they failed to give him the complete audio of the grand-jury proceedings in his criminal case in violation of the Indiana Access to Public Records Act. Finds that Indiana law only allows the release of a transcript of the testimony of a grand-jury witness, and not audio.

Jacob W. Stevenson v. Jessica A. Matthews (mem. dec.)
20A-JP-101
Juvenile paternity. Affirms the trial court’s denial of Jacob Stevenson’s (father) petition for a temporary restraining order against Jessica Matthews (mother). However, remands to Hendricks Superior Court for a full evidentiary hearing on the relocation issue along with mother’s currently pending petition to modify parenting time and child support filed simultaneously with her second notice of intent to relocate.

Frank E. Sholar, Jr. v. State of Indiana (mem. dec.)
20A-CR-336
Criminal. Affirms Frank Sholar Jr.’s two-year suspended sentence for conviction in Vigo Superior Court of Level 6 felony residential entry and Level 6 felony possession of methamphetamine. Finds his sentence is not inappropriate.

In re the Termination of the Parent-Child Relationship of: E.G. and M.R. (Minor Children) and M.G. (Mother); M.G. (Mother) v. Indiana Department of Child Services (mem. dec.)
19A-JT-2331
Juvenile termination. Affirms the termination of M.F.G.’s parental rights of her two sons. Finds the totality of the evidence supports the Clark Circuit Court’s conclusion that termination is in the children’s best interests.

Emmanuel Lee Haymon v. State of Indiana (mem. dec.)
20A-CR-170
Criminal. Affirms the revocation of Emmanuel Haymon’s placement in a community corrections program. Finds no abuse of the Lake Superior Court’s discretion by ordering Haymon to serve the remainder of his sentence in the Indiana Department of Correction.

Armondo Habhab and Rachel Habhab v. Levi Roe, Geraldine Gibson, Christine Witt, and Larry Witt, Jr. (mem. dec.)
20A-CT-542
Civil tort. Affirms the Lake Superior Court’s grant of summary judgment to landlords Christine and Larry Witt, Jr. in Armondo and Rachel Habhab’s negligence complaint against them and the tenants, Levi Roe and Geraldine Gibson. Finds that the Habhabs did not come forward with contrary evidence establishing a genuine issue of material fact concerning the landlords’ alleged duty to protect Armondo from being bitten by the tenants’ dog in their son’s bedroom.