Opinions Sept. 10, 2020

Indiana Court of Appeals
Indiana Family Institute Inc., et al. v. City of Carmel, et al.
19A-MI-2991
Miscellaneous. Affirms the grant of summary judgment to the cities of Bloomington, Carmel, Columbus and Indianapolis on the complaint brought by the Indiana Family Institute, Indiana Family Action and the American Family Association challenging the “fix” to the 2015 Religious Freedom Restoration Act, and the Hamilton Superior Court’s denial of a motion for judicial notice. Finds the plaintiff-appellants have not demonstrated that nondiscrimination ordinances in the defendant cities have interfered with or chilled their First Amendment rights. Also finds they are not facing the threat of an impending injury or a substantial risk of harm from the nondiscrimination ordinances. Declines to address the appellants’ arguments regarding judicial review.

Robert L. McCoy v. State of Indiana
20A-CR-546
Criminal. Affirms Robert L. McCoy’s conviction of Level 4 felony unlawful possession of a firearm by a serious violent felon. Finds sufficient evidence to support the conviction after a bench trial in Boone Circuit Court.

In the Matter of I.S. and J.S. (Children Alleged to be in Need of Services) and E.S. (Father); E.S. (Father) v. Indiana Department of Child Services, AND Child Advocates, Inc. (mem. dec.)
20A-JC-706
Juvenile CHINS. Affirms the adjudication of E.S.’s two children as children in need of services. Finds the Marion Superior juvenile court did not err when it adjudicated children as CHINS.

Tosha Ferron v. Kenneth Ferron (mem. dec.)
20A-DN-75
Domestic relations, no children. Affirms the Hamilton Superior Court’s post-dissolution order denying Tosha Ferron’s motion to set aside decree of dissolution of marriage for fraud. Concludes that the trial court did not abuse its discretion.

Kristen Joy McGuinness v. State of Indiana (mem. dec.)
20A-CR-460
Criminal. Affirms Kristen McGuinness’ conviction in Hendricks Superior Court of Level 5 felony causing death while operating a motor vehicle while intoxicated and her sentence to four years in the Indiana Department of Correction with one year suspended to probation. Also affirms the six-year suspension of her driver’s license. Finds no abuse of the trial court’s discretion.

Valerie (Watts) Padilla v. Donald Watts (mem. dec.)
20A-DR-423
Domestic relation. Affirms the Jackson Superior Court’s order to auction the marital home of Donald Watts and Valerie Padilla. Finds wife had at least 30 days to “be heard” on the issue of an auction but remained silent. Therefore finds there was no due-process violation.

Penske Truck Leasing Co., LP v. Debra Dalton-McGrath and John McGrath (mem. dec.)
20A-CT-94
Civil tort. Affirms in part, reverses in part and remands for further proceedings. Finds nothing in the designated evidence indicates that Penske Truck Leasing Company had control over the premises itself or any non-Penske-owned or supplied property. Also finds that Penske did not owe a duty to the Debra and John McGrath. Further finds that the Lake Superior Court properly denied Penske’s motion for summary judgment relating to the McGraths’ vicarious-liability claim.

Robert Carr, III v. State of Indiana (mem. dec.)
20A-CR-431
Criminal. Affirms Robert Carr, III’s aggregate 20-year sentence for conviction of Level 4 felony unlawful possession of a firearm by a serious violent felon, Level 5 felony intimidation, and Level 3 felony aggravated battery, and to being a habitual offender. Finds no serious evidentiary dispute that Carr acted knowingly or intentionally when he shot the victim through the open doorway. Finds Carr has failed to establish that the Marion Superior Court abused its discretion in refusing the instruct the jury on criminal recklessness.

Charles Smith v. State of Indiana (mem. dec.)
20A-CR-331
Criminal. Affirms Charles Smith’s 29-year executed sentence for conviction of Class A felony attempted child molesting and Class C felony child molesting. Agrees with Smith that one of the aggravators is improper, but because the appellate court can say with confidence that the Marion Superior Court would have imposed the same sentence without it, the appellate court affirms.

C.D. v. State of Indiana (mem. dec.)
20A-JV-436
Juvenile. Affirms C.D.’s adjudication of delinquency in Marion Superior Court for committing what would be Level 6 felony battery against a public-safety official if committed by an adult. Finds the juvenile court properly admitted the officer’s testimony.

Terry Tripp v. State of Indiana (mem. dec.)
20A-CR-1017
Criminal. Affirms Terry Tripp’s aggregate 10-year sentence with six years executed and four years suspended for conviction of Level 5 felony burglary and his finding as a habitual offender. Finds his sentence handed down in Marion Superior Court is not inappropriate.