Opinions Oct. 31, 2023

Indiana Supreme Court
State of Indiana v. $2,435 in United States Currency and Alucious Q. Kizer
23S-CR-72
Criminal. Affirms the Allen Circuit Court’s order vacating its previous order granting the state’s motion to strike Alucious Kizer’s demand for a jury trial. Finds a claimant in an action brought under Indiana’s civil forfeiture statute has a constitutional right to trial by jury. Remands for a jury trial.

Court of Appeals of Indiana
Nadia Drake v. Zachary Drake
22A-DC-3089
Domestic relations with children. Affirms the findings of fact and conclusions thereon dissolving the marriage of Nadia and Zachary Drake. Finds Nadia waived her argument on the magistrate judge’s perceived professional conflict for failure to present a cogent argument. Also finds the Marion Superior Court did not abuse its discretion by denying Nadia’s request to relocate child L.D. to San Diego, California.

Mark A. Wilson v. Teresa C. Wilson
23A-DC-1384
Domestic relations with children. Affirms the Hendricks Superior Court’s determination on remand regarding child support. Finds the trial court did not abuse its discretion when it determined father Mark Wilson was not entitled to a reduction in his support obligation.

David J. Steingart, Bruce A. Steingart, and Kevin C. Steingart v. Robert P. Musgrave
22A-CC-2936
Civil collections. Affirms the Bartholomew Superior Court’s turnover order and two settlement orders in a receivership action. Finds the trial court did not abuse its discretion. Remands for recalculation of the amount to be turned over.

Zachary Zitzka and Lauren Zitzka v. William Brogdon and Jill Brogdon
22A-PL-2867
Civil plenary. Affirms the jury verdict in favor of William and Jill Brogdon on Zachary and Lauren Zitzka’s fraudulent misrepresentation claim. Also affirms the order for Zachary to pay the Brogdons’ attorney fees but reverses as to Lauren. Finds the Lake Superior Court did not err in instructing the jury. Also finds Lauren wasn’t a party to the purchase agreement, so she isn’t subject to its attorney fees provision.

State of Indiana and City of Fishers v. Jennifer Diane Lucas, by Diane Zeiss Nevitt, Guardian
22A-CT-1693
Civil tort. Affirms the Hamilton Superior Court’s denial of the state’s motion for summary judgment, which asserted immunity against a negligence claim. Finds the state is not entitled to immunity.

Philipp Espique, Jose Espique, and Janet Espique v. City of Southport and Jay Thomas (mem. dec.)
23A-CT-1479
Civil tort. Affirms the grant of summary judgment to the city of Southport and Jay Thomas on Philipp, Jose and Janet Espique’s tort complaint. Finds the Espiques have not demonstrated the existence of any genuine issues precluding summary judgment.

Nicholas A. Robinson v. State of Indiana (mem. dec.)
23A-CR-400
Criminal. Affirms Nicholas A. Robinson’s conviction of Level 1 felony child molesting, the finding that he is a repeat sexual offender and his 50-year sentence. Finds the DeKalb Superior Court did not abuse its discretion in the admission of evidence. Also finds any error in the admission of A.R.’s testimony on the repeat-sexual-offender enhancement was harmless, as was any error in the admission of A.R.’s testimony at the sentencing hearing. Finally, finds Robinson’s sentence is not inappropriate.

Aron J. Swopshire v. State of Indiana (mem. dec.)
23A-CR-1156
Criminal. Affirms the order for Aron J. Swopshire to serve his previously suspended sentence following the revocation of his probation. Finds the Allen Superior Court did not abuse its discretion.

Keyon L. Burnett v. State of Indiana (mem. dec.)
23A-CR-1171
Criminal. Reverses the revocation of Keyon L. Burnett’s probation given the state’s concession that the Marion Superior Court erred because it did not “present any evidence regarding the facts underlying” child molesting charges.

Richard D. Barnes v. State of Indiana (mem. dec.)
23A-CR-1422
Criminal. Affirms the sanction imposed on Richard D. Barnes following his violation of the terms of his probation. Finds the Ohio Circuit Court did not abuse its discretion in revoking Barnes’ probation and ordering that he serve three years of his previously suspended sentence.

Eric J. Smith v. State of Indiana (mem. dec.)
23A-CR-692
Criminal. Affirms Eric J. Smith’s conviction of Level 5 felony operating a motor vehicle while privileges are forfeited for life and his six-year sentence. Finds the Sullivan Superior Court did not abuse its discretion in refusing Smith’s necessity defense instruction or in sentencing Smith. Also finds Smith has failed to establish that his sentence is inappropriate in light of the nature of the offense and his character. Finally, finds Smith’s sentence does not violate the Indiana Constitution’s proportionality clause.

Michael Hall v. State of Indiana (mem. dec.)
23A-CR-653
Criminal. Affirms Michael Hall’s 17½-year sentence in the Indiana Department of Correction for his conviction of Level 2 felony voluntary manslaughter. Finds Hall’s sentence is not inappropriate.

Paris Lee Hill v. State of Indiana (mem. dec.)
23A-CR-547
Criminal. Affirms Paris Lee Hill’s convictions of Level 5 felony dealing in a narcotic drug, Level 6 felony possession of a narcotic drug, Level 2 felony dealing in a narcotic drug, Level 4 felony possession of a narcotic drug and Level 6 felony theft of a firearm. Finds the Tippecanoe Superior Court did not abuse its discretion in denying Hill’s motion to correct error based on an alleged Brady violation. Also finds the trial court did not clearly err in denying Hill’s Batson claims. Finally, finds Hill failed to preserve his prosecutorial misconduct claim for appeal.

Ricardo Sandoval, Jr. v. State of Indiana (mem. dec.)
23A-CR-643
Criminal. Affirms Ricardo Sandoval Jr.’s conviction of Level 1 felony child molesting. Finds the amendment to the charging information did not prejudice Sandoval’s substantial rights. Also finds the amendments were not untimely amendments of substance.

Brian D. Pieper v. State of Indiana (mem. dec.)
23A-CR-971
Criminal. Affirms Brian D. Pieper’s conviction of Level 5 felony operating a motor vehicle after forfeiture of license for life and his five-year sentence. Finds the state presented evidence of a probative nature from which a trier of fact could find beyond a reasonable doubt that Pieper committed the charged offense. Also finds Pieper has not sustained his burden of establishing that his sentence is inappropriate in light of the nature of the offense and his character.

Stacey M. Hoover v. Junior J. Ferrell, III (mem. dec.)
23A-DR-1116
Domestic relations. Affirms the modification of custody of D.F. in favor of father Junior Ferrell III. Finds the White Circuit Court did not abuse its discretion.

In re the Termination of the Parent-Child Relationship of Ai.W. (Minor Child) and A.W. (Father) A.W. (Father) v. Indiana Department of Child Services (mem. dec.)
23A-JT-1144
Juvenile termination of parental rights. Affirms the termination of father A.W.’s parental rights to Ai.W. Finds A.W. has not demonstrated that his due process rights were violated.

James Edgar Lundeen, Sr. v. Theodore E. Rokita, John Strobel, M.D., and Lindsay Hyer (mem. dec.)
23A-MI-1647
Miscellaneous. Dismisses James Edgar Lundeen Sr.’s appeal of the denial of his motion for relief from judgment in his action against Attorney General Todd Rokita, Dr. John Strobel, president of the Indiana Medical Licensing Board, and Lindsay Hyer, executive director of the Indiana Professional Licensing Agency. Finds Lundeen’s appeal is untimely.

Kevin Fitzpatrick d/b/a Wheel Pizza and/or Chop Shop v. Monster Digital Marketing (mem. dec.)
23A-SC-777
Small claims. Affirms the denial of Kevin Fitzpatrick’s motion to set aside the default judgment entered against him. Finds the small claims court did not abuse its discretion.