Opinions May 27, 2022

Court of Appeals of Indiana
Mark Dickinson v. State of Indiana (mem. dec.)
21A-CR-1615
Criminal. Affirms Mark Dickinson’s convictions for Level 4 felony criminal confinement, Class A misdemeanor domestic battery, Level 6 felony intimidation and Level 6 felony strangulation. Finds Dickinson’s trial counsel did not render ineffective assistance by failing to object to the prosecutor’s questions.

R.S.W. v. G.M.W. (mem. dec.)
21A-PO-2287
Protective order. Affirms the issuance of a protective order against R.S.W. in favor of his sister, G.M.W. Finds the grant of the protective order was not clearly erroneous.

Ardith Radil and Larry Radil v. Kuumba K. Long, M.D. and Midwest Eye Consultants, P.C. d/b/a Cataract and Laser Institute (mem. dec.)
21A-CT-2376
Civil tort. Affirms the grant of summary judgment in favor of Kuumba K. Long, M.D., and Midwest Eye Consultants P.C. d/b/a Cataract and Laser Institute on Ardith and Larry Radil’s complaint alleging medical malpractice. Finds the Radils did not designate any admissible evidence to create a genuine issue of material fact precluding summary judgment for Dr. Long. Also finds the Wabash Superior Court did not err.

Lynda Wilcox and John Wilcox v. Shannon Breeding and Michael Evans (mem. dec.)
21A-CT-2454
Civil tort. Reverses the entry of summary judgment for Shannon Breeding and Michael Evans in a dispute with Lynda Wilcox. Finds the Floyd Superior Court erred. Also finds the parties’ designated evidence demonstrates a genuine issue of material fact precluding the entry of summary judgment for either party. Remands for further proceedings.

N.D. v. State of Indiana (mem. dec.)
21A-JV-2556
Juvenile. Affirms the placement of N.D., a delinquent child, in a residential treatment facility. Finds the St. Joseph Probate Court did not abuse its discretion when it ordered N.D. placed at White’s Residential.

In the Termination of the Parent-Child Relationship of: T.R. (Minor Child), and S.R. (Mother) v. Indiana Department of Child Services (mem. dec.)
21A-JT-2610
Juvenile termination of parental rights. Affirms the termination of mother S.R.’s parental rights to T.R. Finds clear and convincing evidence supports the termination.

In the Involuntary Termination of the Parent-Child Relationship of: H.M. and M.M. (Minor Children), and B.E. (Father) v. Indiana Department of Child Services (mem. dec.)
21A-JT-2613
Juvenile termination of parental rights. Affirms the termination of father B.E.’s parental rights. Finds the judgment of the juvenile court terminating B.E.’s parental rights is supported by clear and convincing evidence and, thus, is not clearly erroneous.

Michael Yates v. State of Indiana (mem. dec.)
21A-PC-2677
Post-conviction. Reverses the denial of Michael Yates’ petition for post-conviction relief, which challenged his conviction for attempted armed robbery as a Class B felony. Finds Yates was denied effective assistance of appellate counsel because counsel failed to argue, in accordance with Napue v. Illinois, 360 U.S. 264 (1959), that the state had violated Yates’ due process rights. Also finds Yates was prejudiced by counsel’s deficient performance. Remands for retrial.

James S. Howell v. State of Indiana (mem. dec.)
21A-CR-2712
Criminal. Affirms the revocation of James S. Howell’s probation and the order that he serve his previously suspended two-year sentence in the Indiana Department of Correction. Finds the Switzerland Circuit Court did not abuse its discretion.

Labrand Jay Holt-Spencer v. State of Indiana (mem. dec.)
21A-CR-2795
Criminal. Reverses Labrand Jay Holt-Spencer’s conviction of Level 6 felony theft. Finds his convictions of Level 3 felony armed robbery and Level 6 felony theft violate the double jeopardy clause of the Indiana Constitution. Remands with instructions to vacate the conviction and sentence impose on the Level 6 felony charge.

In re the Termination of the Parent-Child Relationship of: W.D.T. (Minor Child) and J.T. (Father) v. Indiana Department of Child Services (mem. dec.)
21A-JT-2875
Juvenile termination of parental rights. Affirms the termination of father J.T.’s parental rights to his child, W.D.T. Finds J.T. made significant improvements in his life after he was released from incarceration, but he did not put any effort into establishing a relationship with W.D.T. or improving his ability to parent W.D.T. Also finds the Department of Child Services presented clear and convincing evidence to prove the enumerated factors listed in Indiana Code § 31-35-2-4(b).

In the Matter of the Marriage of: Carrie A. Anderson n/k/a Carrie A. LaMere v. Newel Anderson (mem. dec.)
22A-DN-71
Domestic relations no children. Reverses the Lake Superior Court’s order on husband Newel Anderson’s petition to enforce his dissolution decree with wife Carrie A. Anderson, n/k/a Carrie A. LaMere. Finds the trial court erred in its interpretation of the settlement agreement that was incorporated into the dissolution decree, improperly granting Newel a snowmobile and Ranger ATV that were in her possession at the marital residence. Remands with instructions to award the snowmobile and Ranger ATV located at the marital residence to Carrie as her own property.