Opinions Nov. 30, 2021

Court of Appeals of Indiana
Takila Walker v. Herman & Kittle Properties, Inc. and Washington Pointe Apartments
21A-CT-284
Civil tort. Affirms and reverses in part the grant of a motion to dismiss in favor of Herman and Kittle Properties Inc. and Washington Pointe Apartments against Takila Walker. Finds Walker’s habitability claim was barred by the principles of res judicata, but her other claims were not barred. Remands for further proceedings. Judge Elaine Brown concurs with separate opinion.

In the Matter of the Civil Commitment of E.F. v. St. Vincent Hospital and Health Care Center, Inc. d/b/a St. Vincent Stress Center
21A-MH-1332
Mental health. Dismisses E.F.’s appeal of the order granting St. Vincent Hospital and Health Care Center Inc. d/b/a St. Vincent Stress Center’s petition for involuntary commitment. Judge Nancy Vaidik dissents with separate opinion.

Luis Posso, Jr. v. State of Indiana
21A-CR-369
Criminal. Affirms and reverses in part the denial of Luis Posso Jr.’s motion to suppress evidence seized during searches of his motel room, van and cellphone, as well as statement he made to officers. Finds Posso was entitled to be advised of his Indiana constitutional right to the presence and advice of counsel before making the decision to consent to the searches of his motel room, van and cellphone, and he was not advised of this right. Also finds Posso was not subjected to an impermissible “question-first” interrogation.” Remands for further proceedings.

Michael Spirtos v. Metropolitan Title of Indiana, LLC (mem. dec.)
21A-PL-892
Civil plenary. Reverses the denial of Michael Spirtos’ motion for leave to file a second amended complaint against Metropolitan Title of Indiana LLC. Finds the Allen Superior Court abused its discretion in denying Spirtos’ motion for leave to file his second amended complaint, but expresses no opinion as to the merits of Spirtos’ claims. Remands for further proceedings.

Sharon Kaufman v. J & M Enterprise Corporation of Northern Indiana d/b/a The Channel Marker (mem. dec.)
21A-CT-1262
Civil tort. Affirms the entry of summary judgment in favor of J & M Enterprise Corporation of Northern Indiana d/b/a The Channel Marker in a dispute with Sharon Kaufman. Finds the designated evidence demonstrates that the allegedly dangerous condition presented by a step was known and obvious to Kaufman. Also finds The Channel Marker did not have knowledge that Kaufman did not possess, and could not have informed her of, any facts of which she was not already aware, nor did it have reason to expect Kaufman would be distracted and fail to protect herself. Finally, finds the Kosciusko Superior Court did not err.

Christopher Godsey v. State of Indiana (mem. dec.)
21A-CR-1116
Criminal. Affirms Christopher Godsey’s sentence to 10 years served in the Indiana Department of Correction for his conviction of Level 4 felony dealing in methamphetamine. Finds Godsey’s sentence is not inappropriate. Finds the appeal is moot because the order for temporary involuntary commitment terminated after the 90-day commitment period, or Sept. 7, 2021, at the latest. Also finds E.F. does not argue that the appeal should be decided under an exception to the mootness doctrine. Judge Nancy Vaidik dissents with separate opinon.

Jacob Allen Edwards v. State of Indiana (mem. dec.)
21A-CR-765
Criminal. Affirms Jacob Allen Edwards’ convictions of Level 5 felony battery and being a habitual offender, and his sentence to an aggregate of nine years. Finds the Jefferson Circuit Court did not abuse its discretion in admitting evidence. Also finds Edwards has not met his burden to show that his sentence is inappropriate.

Robert Tyler Boatwright v. State of Indiana (mem. dec.)
21A-CR-1396
Criminal. Affirms and reverses in part Robert Tyler Boatwright’s convictions for Level 4 felony dealing in methamphetamine and Level 6 felony possession of meth. Finds both convictions are supported by sufficient evidence, but reverses the possession conviction because it violates double jeopardy. Remands with instructions to vacate that conviction.

Lee Evans Dunigan v. State of Indiana (mem. dec.)
20A-CR-1301
Criminal. Dismisses Lee Evans Dunigan’s appeal of his conviction of Level 1 felony child molesting and his sentence to 42 years in the Department of Correction. Finds Dunigan did not develop a cogent argument or adequately cite to the record, so his claims are waived.

Stanley Robinson, Sr. v. State of Indiana (mem. dec.)
21A-CR-1124
Criminal. Affirms Stanley Robinson Sr.’s eight-year sentence for his conviction of Level 4 felony stalking. Finds Robinson’s sentence was not inappropriate given the egregious nature of the offense and his lengthy criminal history.

Dorian R. Stroud v. State of Indiana (mem. dec.)
21A-CR-1070
Criminal. Affirms Dorian Stroud’s conviction of battery against a public safety official. Finds there is sufficient evidence to sustain the conviction. Also finds the Wayne Superior Court did not commit reversible error when it refused Stroud’s tendered jury instruction. Finally, finds Stroud’s sentence to 730 days is not inappropriate.

In re the Involuntary Termination of the Parent-Child Relationship of: L.G. (Minor Child), and M.G. v. Indiana Department of Child Services (mem. dec.)
21A-JT-1261
Juvenile termination of parental rights. Affirms the termination of father M.G.’s parental rights to L.G. Finds the juvenile court did not err. Also finds M.G. was offered services when possible while incarcerated.

In the Matter of the Termination of the Parent-Child Relationship of J.C. (Minor Child) and D.C. (Father) v. Indiana Department of Child Services (mem. dec.)
21A-JT-1368
Juvenile termination of parental rights. Affirms the termination of father D.C.’s parental rights to J.C. Finds it was wholly appropriate for the juvenile court to have considered the continuing nature of the pattern of domestic violate issues between D.C. and mother C.C. Also finds there is sufficient evidence to support the juvenile court’s conclusion that there is a reasonable probability that the conditions that resulted in J.C.’s removal from D.C.’s care would not be remedied.

In re the Grandparent Visitation of E.A.N., Rusty J. Neal v. Moriah Hali Neal and Kirt Mullins (mem. dec.)
21A-MI-1112
Miscellaneous. Affirms the dismissal of grandfather Rusty J. Neal’s petition for grandparent vistitation under Indiana Code § 31-17-5-1(a)(3) after parents Moriah Hali Neal and Kirt Mullins married. Finds the grandparent visitation statute does not allow for visitation if the parents are married.

Terrence J. Fuqua v. State of Indiana (mem. dec.)
20A-PC-2294
Post-conviction. Affirms the denial of Terrence Fuqua’s petition for post-conviction relief. Finds the post-conviction court did not err.

Demajio J. Ellis v. State of Indiana (mem. dec.)
20A-PC-2019
Post-conviction. Affirms the denial of Demajio Ellis’ petition for post-conviction relief. Finds Ellis has failed to establish that his appellate counsel acted deficiently or that he was prejudiced by the alleged deficiency. Also finds Ellis did not receive ineffective assistance of counsel.

Daniel C. Wood and Jalissa D. Barley v. Michael Stryzinski (mem. dec.)
21A-SC-505
Small claims. Affirms the small claims judgment in favor of Michael Stryzinski on his complaint for eviction. Finds Daniel C. Wood and Jalissa D. Barley has not met their burden to make a prima facie showing of reversible error.