Opinions June 14, 2023

Court of Appeals of Indiana

The Clinton County Sheriff’s Office and Sheriff Richard Kelly v. The Board of Commissioners of Clinton County and the County Council of Clinton County
22A-PL-2640
Civil plenary. Affirms the Tippecanoe Circuit Court’s declaratory judgment. Finds no error with the trial court’s findings regarding distributions from a commissary fund. Also finds the trial court wasn’t required to enter the declaratory judgment requested by the appellants. Finally, finds the court’s determination that agreeing upon a reasonable rate for the legal deputy’s fees is an inherent part of the appointment was reasonable.

Linda Gierek, et al. v. Anonymous 1, et al.
22A-CT-01225
Civil tort. Affirms the Elkhart Superior Court’s ruling that the Indiana Medical Malpractice Act applies to the plaintiffs’ claims. Finds the alleged torts are based on health care provided by the hospital. Reverses the trial court’s ruling that it didn’t have subject matter jurisdiction. Finds granting a motion for class certification would not exceed the scope of the trial court’s subject matter jurisdiction. Remands for a consideration of the plaintiffs’ motions for class certification.

Incremedical, LLC and Annie Gonzalez v. Alyssa Kennedy
22A-CT-2929
Civil tort. Reverses the Porter Superior Court’s denial of IncreMedical and Annie Gonzalez motion to dismiss Alyssa Kennedy’s complaint for lack of subject matter jurisdiction. Finds the trial court erred by denying the motion because IncreMedical and AT Gonzalez are qualified health care providers and Kennedy failed to present her proposed complaint to the medical review panel prior to commencing this cause before the trial court.

Hayden J. Nix v. State of Indiana
22A-PC-1496
Post conviction relief. Affirms the Hancock Superior Court’s denial of Hayden Nix’s post-conviction relief petition. Finds the post-conviction court did not clearly err in denying post-conviction relief on Nix’s claim of ineffective assistance of counsel. Also finds Nix waived his right to counsel by choice.

D.S. v. Review Board of the Department of Workforce Development (mem. dec.)
22A-EX-3100
Agency action. Affirms the Review Board of the Indiana Department of Workforce Development’s denial of D.S.’s claim for unemployment benefits. Finds the findings were supported by evidence and the board’s determination the D.S. was terminated for just cause was reasonable.

In re the Marriage of Araceli Barron (deceased) and Ignacio Gonzalez-Macias Elizabeth Barron v. Eduardo Gonzalez and Ignacio Gonzalez-Macias (mem. dec.)
22A-DC-1315
Domestic relations with children. Affirms a final order awarding third-party custody of Elizabeth Barron’s niece and nephew to Eduardo Gonzalez. Finds it would be a waste of judicial resources to vacate the Marion Superior Court’s order on jurisdictional grounds. Also finds ample support for the trial court’s findings.

Jerry W. Allred v. State of Indiana (mem. dec.)
23A-CR-109
Criminal. Affirms Jerry Allred’s 30-year sentence for Level 2 felony voluntary manslaughter. Finds Allred’s sentence in the Henry County Circuit Court was not inappropriate based on the nature of his offense and his character.

Zachariah Charles Kiskaden v. State of Indiana (mem. dec.)
22A-CR-2949
Criminal. Affirms Zachariah Kiskaden’s convctions for Level 2 dealing in a narcotic drug and Level 2 felony dealing in methamphetamine. Finds the state presented sufficient evidence in the Huntington Circuit Court to support his convictions. Also finds he waived review of a fundamental error claim.

Sauntio Carter v. State of Indiana (mem. dec.)
22A-CR-2805
Criminal. Affirms Sauntio Carter’s conviction for resisting law enforcement. Finds the state presented sufficient evidence in the Marion Superior Court to support the conviction.

Michael J. Douglas v. State of Indiana (mem. dec.)
22A-CR-1838
Criminal. Affirms Michael Douglas’ aggregate two-year sentence for Level 5 child solicitation and Level 6 dissemination of matter harmful to minors. Finds Douglas failed to meet his burden to establish the sentence in the Switzerland Circuit Court is inappropriate. Judge Margret Robb dissents with separate opinion.

Max William Condra v. State of Indiana (mem. dec.)
22A-CR-2727
Criminal. Affirms the Tippecanoe Superior Court’s order revoking Max Condra’s probation. Finds the trial court did not abuse its discretion.

William D. Titus v. State of Indiana (mem. dec.)
23A-CR-387
Criminal. Affirms William Titus’ conviction of Class A domestic battery and 180-day sentence. Finds the evidence in the Cass Superior Court is sufficient to support the evidence.

David A. Anzelmo v. Elizabeth M. Warren (mem. dec.)
23A-DR-225
Domestic relations. Affirms the Dekalb Superior Court’s denial of David Anzelmo’s motion for a change of judge. Finds the trial court did not err in denying the motion. Also finds the trial court didn’t abuse its discretion in awarding attorney fees to Elizabeth Warren.

In the Matter of: K.J. (Minor Child), And W.J., Jr. (Father) v. Indiana Department of Child Services (mem. dec.)
22A-JC-3039
Juvenile CHINS. Affirms the Tippecanoe Superior Court’s order adjudicating W.J.’s minor child, K.J., as a child in need of services. Finds the trial court’s order is not clearly erroneous.

In re the Involuntary Termination of the Parent-Child Relationship of C.O. and Hu.O. (Minor Children) and D.O. (Father) and H.O. (Mother) v. Indiana Department of Child Services
22A-JT-2748
Juvenile termination of parental rights. Affirms the Adams Circuit Court’s order involuntarily terminating D.O.’s and H.O.’s parental rights to their minor children. Finds D.O. was not deprived of due process. Also finds the findings support the trial court’s conclusion that there is a likely probability that H.O.’s use of dangerous illegal drugs is unlikely to be remedied. Finally, finds the findings support the trial court’s conclusion that termination is in the children’s best interests.