Opinions Oct. 20, 2020

Indiana Court of Appeals
Jordan Allen Temme v. State of Indiana
20A-CR-275
Criminal. Affirms the denial of Jordan Allen Temme’s motion for the Vanderburgh Superior Court to apply the doctrine of “credit for time erroneously at liberty” after he was erroneously released from incarceration. Finds that the Department of Corrections’ inadvertent and quickly discovered error does not operate under the law of the state to cancel any part of Temme’s punishment for the crimes for which he was justly convicted and sentenced. Also finds the trial court did not err in denying Temme’s motion.

Termination: T.L. v. Indiana Department of Child Services 20A-JT-00883
Juvenile termination. Affirms the St. Joseph Probate Court’s termination of the parent-child relationship between T.L. and his daughter, R.S. Finds no violation of Father’s due process right and finds sufficient evidence to support the termination.

Kyle D. Schneider v. State of Indiana  
19A-CR-01928
Criminal. Affirms Kyle Schneider’s murder conviction and his adjudication as a habitual offender in Dubois Circuit Court. Finds no abuse of discretion in the trial court’s admission or exclusion of evidence or in instructing the jury.

Walter Griffin, Jr., et al. v. Menard Inc, et al. (mem. dec.)
20A-CT-00310
Civil tort. Affirms in part the grant of summary judgment in favor of Menard Inc. on Walter Griffin, Jr.’s spoliation claim after he was injured at a Menard home improvement store. However, reverses in part the grant of summary judgment with respect to the Griffin’s claims of premises liability negligence and res ipsa loqutur. Remands to the Elkhart Superior Court for further proceedings.

Kattia Tarnow v. State of Indiana (mem. dec)
19A-CR-02972
Criminal. Affirms Kattia Tarnow’s conviction of Level 6 felony theft. Finds sufficient evidence to support the DeKalb Circuit Court’s conviction.

Darrin Banks v. State of Indiana (mem. dec.)
19A-CR-02581
Criminal. Affirms Darrin Banks’ conviction of murder and Level 5 felony battery. Finds the Marion Superior Court did not abuse its discretion by admitting a firearm and a phone seized pursuant to a search warrant.

Tyree Thomas v. State of Indiana (mem. dec.)
20A-CR-01148
Criminal. Affirms the denial of Tyree Thomas’ motion to correct erroneous sentence. Finds the Marion Superior Court did not abuse its discretion by denying his motion.

H.B. v. State of Indiana (mem. dec.)
20A-JV-00755
Juvenile. Affirms the modification of H.B.’s dispositional order committing him to the Indiana Department of Correction. Finds the Delaware Circuit juvenile court did not abuse it discretion when it ordered H.B. to be committed to the DOC.

S.A. v. State of Indiana (mem. dec.)
20A-JV-00283
Juvenile. Affirms S.A.’s placement in the Indiana Department of Correction and the Elkhart Circuit Court’s award of guardianship to the DOC. Finds the juvenile court did not abuse its discretion when it determined that S.A.’s ongoing violent behavior necessitated his placement in the DOC in order to keep S.A. and the community safe.

Termination: M.N. v. Indiana Department of Child Services, et al. (mem. dec.)
20A-JT-00701
Juvenile termination. Affirms the termination of M.N.’s parent-child relationship with his son, M.L.N. Finds sufficient evidence to in Marion Superior Court to support the termination.

Termination: M.H. v. Indiana Department of Child Services (mem. dec.)
20A-JT-00894
Juvenile. Affirms the termination of M.H.’s parental rights to her minor child K.H. Finds sufficient evidence supports the Delaware Circuit Court’s determination that termination of mother’s parental rights is in child’s best interests. Finds mother’s due process claim to be waived.

Termination: A.P. v. Indiana Department of Child Services, et al. (mem. dec.)
20A-JT-00901
Juvenile termination. Affirms the involuntary termination of A.P.’s parental rights to two of her minor children. Finds termination was in the best interests of the children. Finds the Marion Superior Court’s conclusion is not clearly erroneous.