Opinions May 30, 2023

Court of Appeals of Indiana
In re the Adoption of S.K.D.T: K.P. v. L.J. and J.J. (mem. dec.)
23A-AD-65
Adoption. Affirms the Steuben Circuit Court’s conclusion that mother K.P.’s consent to the adoption of S.K.D.T. was not necessary, but reverses the entry of the adoption decree and remands for the trial court to determine whether the adoption will be in the child’s best interest, and whether guardians L.J. and J.J. have sufficient ability to rear the child and furnish suitable support and education for him. Finds the trial court did not clearly err when it concluded that K.P.’s consent to the adoption was not necessary. Also finds the trial court failed to make two required statutory findings before granting the guardians’ petition for adoption.

John Fralish v. Discover Bank c/o Discover Products Inc. (mem. dec.)
23A-CC-211
Civil collections. Reverses the St. Joseph Superior Court’s denial of John Fralish’s motion to compel arbitration and remands to the trial court to grant his motion. Finds the arbitration clause unambiguously permits either Discover Bank or Fralish to compel the instant dispute to be resolved by arbitration.

Kesia Beavers, Justin Beavers, Individually and on behalf of their Minor Children, Jalen Beavers and Donte Scruggs, Jr. v. Heartland Crossing Foundation, Inc. (mem. dec.)
22A-CT-2736
Civil tort. Affirms the Marion Superior Court’s grant of summary judgment in favor of Heartland Crossing Foundation Inc. on a negligence claim filed by the parents of Jalen and Donte Scruggs. Finds the designated evidence shows that Heartland did not assume a duty to the plaintiffs. Also finds that because Heartland does not argue that the city is at fault for the collision, it was not required to name the city as a nonparty defendant in its answer.

Tyreoun D. Guy v. State of Indiana (mem. dec.)
22A-CR-2324
Criminal. Affirms the Allen Superior Court’s revocation of Tyreoun Guy’s probation and the requirement that he serve three years of his previously suspended sentence in the Indiana Department of Correction. Finds the trial court’s decision was not clearly against the logic and effect of the facts and circumstnaces.

Jason Hinton v. State of Indiana (mem. dec.)
22A-CR-2520
Criminal. Affirms Jason Hinton’s murder conviction. Finds evidence of probative value exists from which the Lake Superior Court as the trier of fact could have found Hinton guilty beyond a reasonable doubt of murder.

Patrick Monaghan v. State of Indiana (mem. dec.)
22A-CR-2896
Criminal. Affirms Patrick Monaghan’s sentence to 60 days, with 55 days suspended, for his conviction of operating a vehicle with a Schedule I or II controlled substance or its metabolite in the person’s blood, a Class C misdemeanor. Finds Monaghan has not shown he is entitled to a remand for resentencing.

Matthew Todosijevic V. State of Indiana (mem. dec.)
22A-CR-1965
Criminal. Affirms Matthew Todosijevic’s conviction of Level 4 felony child molesting. Finds that even if the Porter Superior Court abused its discretion in granting the state’s motion to strike Juror 29 for cause, reversal is not warranted. Also finds the trial court did not abuse its discretion in admitting the limited inquiry regarding an allegation of a nonconsensual sexual encounter, and the probative value was not substantially outweighed by the danger of unfair prejudice, so fundamental error did not occur.

In the Matter of: Dam. G., Dar. G., A.R., Children Alleged to be in Need of Services and L.G. (Mother) L.G. (Mother) v. Indiana Department of Child Services (mem. dec.)
22A-JC-2143
Juvenile CHINS. Dismisses mother L.G.’s appeal of the Allen Superior Court’s order in a child in need of services case. Finds L.G. is not actually challenging the order she purports to be appealing.

D.S. v. State of Indiana (mem. dec.)
22A-JV-1708
Juvenile. Reverses the judgment adjudicating D.S. as a delinquent child. Finds there is insufficient evidence to sustain the marijuana adjudication. Also finds there is insufficient evidence to prove D.S. possessed the firearm.