Opinions Oct. 30, 2023

Court of Appeals of Indiana
In the Matter of the Civil Commitment of: J.F. v. St. Vincent Hospital and Health Care Center, Inc., d/b/a St. Vincent Stress Center
23A-MH-752
Mental health. Dismisses J.F.’s appeal of her temporary involuntary commitment. Finds J.F.’s appeal is moot and does not fall within an exception to the mootness doctrine.

Jennifer L. Dean v. State of Indiana
22A-CR-2104
Criminal. Affirms Jennifer Dean’s conviction of felony murder and her 60-year sentence. Finds the Carroll Circuit Court’s remark endorsing an 80% certainty as a description of the reasonable doubt standard was improper but does not rise to the level of fundamental error. Also finds sufficient evidence supports Dean’s conviction. Finally, finds her sentence is not inappropriate.

Jimmy A. McIntosh and Cheryl McIntosh v. Roberta I. McIntosh, and Nilah K. Simmons as Power of Attorney for Roberta I. McIntosh
22A-PL-2522
Civil plenary. Affirms the Jennings Circuit Court’s judgment that Jimmy and Cheryl McIntosh violated the Indiana Senior Consumer Protection Act. Finds that although the trial court partially applied an incorrect legal standard, sufficient findings support its determination that Jimmy and Cheryl violated the SCPA. Also finds the trial court did not err by validating the warranty deed executed Oct. 9, 2020.

City of Carmel v. Barham Investments, LLC, Marion County Treasurer, and Coast to Coast Carmel Corporation
22A-PL-2399
Civil plenary. Reverses the denial of the city of Carmel’s motion for partial summary judgment in a dispute with Barham Investments LLC over an easement. Finds Barham did not have a cognizable interest in Threel Road at the time. Remands with instructions to grant Carmel partial summary judgment on that issue.

Jerry Bewley and Deborah Bewley v. Town of Speedway
23A-CT-451
Civil tort. Affirms the grant of summary judgment to the town of Speedway in a dispute with Jerry and Deborah Bewley, who sued after a K-9 officer bit Jerry. Finds the town is entitled to immunity under the Indiana Tort Claims Act.

James A. Cassity v. State of Indiana
23A-CR-209
Criminal. Reverses James A. Cassity’s convictions of Level 6 felony possession of methamphetamine and Class A misdemeanor possession of paraphernalia. Finds the Elkhart Superior Court abused its discretion when it admitted the meth and paraphernalia into evidence because the arresting officer was not wearing a distinctive uniform as required by Indiana Code § 9-30-2-2.

Michael Morelock v. State of Indiana (mem. dec.)
23A-CR-365
Criminal. Affirms the revocation of two years of Michael Morelock’s probation and the order that he serve the entirety of his previously suspended two-year sentence. Finds the Madison Circuit Court did not abuse its discretion in revoking Morelock’s probation. Also finds Morelock has not shown that the trial court’s sanction decision was clearly against the logic and effect of the facts and circumstances before it.

Marco Antonio Pacheco-Aleman v. State of Indiana (mem. dec.)
23A-CR-91
Criminal. Affirms Marco Pacheco-Aleman’s conviction of murder. Finds trial counsel was not ineffective for failing to raise a hearsay objection to Keile Funes’ testimony. Also finds the Marion Superior Court did not abuse its discretion by failing to instruct the jury on voluntary manslaughter as a lesser-included offense of murder. Finally, finds the state presented sufficient evidence to support Pacheco-Aleman’s conviction.

Mecca Smith v. State of Indiana (mem. dec.)
23A-CR-897
Criminal. Affirms Mecca Smith’s conviction of Class A misdemeanor resisting law enforcement. Finds Smith’s conviction is supported by sufficient evidence.

Shannon R. Miller v. Steven M. Miller (mem. dec.)
22A-DN-2116
Domestic relations, no children. Affirms the Gibson Superior Court’s determinations that wife Shannon R. Miller committed dissipation by failing to collect rent on a mobile home; that Shannon is not entitled to incapacity maintenance; and that she is responsible for her own attorney fees. Reverses the decision crediting husband Steven M. Miller with $30,000 of equity in the marital real estate; segregating Steven’s 401(k) from the other marital property and then deviating from a 50-50 division by awarding $115,000 to Steven and $65,000 to Shannon; and excluding three debts in the marital pot for division. Remands with instructions for the trial court to divide the marital estate consistent with the Court of Appeals opinion.

In the Matter of the Paternity of J.H.H.: J.C. Cheshire v. Jessica Himebaugh (mem. dec.)
23A-JP-1256
Juvenile paternity. Affirms the dismissal of J.C. Cheshire’s petition to establish paternity of J.H.H. Finds the paternity action was untimely.

M.W. v. State of Indiana (mem. dec.)
23A-JV-888
Juvenile. Affirms the award of wardship of M.W. to the Indiana Department of Correction. Finds the juvenile court did not abuse its discretion.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of: D.S., K.S., and Ka.S. (Minor Children) and M.S. (Father) v. Indiana Department of Child Services (mem. dec.)
23A-JT-1078
Juvenile termination of parental rights. Affirms the termination of father M.S.’s parental rights to D.S., K.S. and Ka.S. Finds the Scott Superior Court’s unchallenged findings supports its conclusion that the termination of M.S.’s parental rights was in the best interests of the children.