Opinions Sept. 27, 2023

Court of Appeals of Indiana
New Augusta North Public Academy and Metropolitan School District of Pike Township v. K.G., a Minor by her Parent and Next Friend Melody Ruch, Individually
23A-CT-871
Civil tort. Affirms and reverses in part the grant of partial summary judgment to K.G., a minor, by her parent and next friend, Melody Ruch on New August North Public Academy and the Metropolitan School District of Pike Township’s respondeat superior claim and the denial of the school’s motion for partial summary judgment regarding individual claims brought by Ruch. Finds the Marion Superior Court erred by granting summary judgment to the plaintiffs on their respondeat superior claim because genuine issues of material fact exist. Also finds the trial court properly denied the school’s motion for partial summary judgment regarding Ruch’s individual claims because the school waived the notice of the tort claim issue. Remands for further proceedings.

B.T. v. State of Indiana
23A-XP-636
Expungement. Affirms the denial of B.T.s motion to expunge child welfare records substantiating his molestations. Finds the expungement statute at issue already includes a distinction depending on whether the substantiated offense was committed by a child or an adult, so B.T. offers no persuasive basis for reversal.

Harry L. Torrence, II v. State of Indiana
22A-CR-2287
Criminal. Affirms Harry L. Torrence II’s conviction of Level 3 felony robbery with a deadly weapon. Finds no error, let alone fundamental error, in allowing the jury during deliberations to view in open court four specifically requested exhibits instead of viewing all the exhibits.

In the Matter of Z.H. (Minor Child Alleged to be a Child in Need of Services); Hamilton County GAL/CASA Program v. Indiana Department of Child Services
23A-JC-1120
Juvenile CHINS. Reverses the dismissal of Z.H.’s child in need of services case. Finds the Hamilton Circuit Court erred. Remands with instructions that the trial court determine whether dismissal is in Z.H.’s best interests.

Ricky L. Wilson v. State of Indiana
22A-CR-2837
Criminal. Affirms Ricky Wilson’s convictions of Level 5 felony criminal recklessness, Level 6 felony escape and Level 6 felony possession of cocaine, and his sentence to four years executed with one year suspended to probation. Finds sufficient evidence to support the convictions. Also finds Wilson’s sentence is not inappropriate.

Gabor Spruch and Sherri Spruch v. C & S Handy Man Service, Charles Potter, and Suzanne Buchanan-Potter (mem. dec.)
22A-SC-2847
Small claims. Reverses the small claims court’s order granting C&S Handyman Service, Charles Potter and Suzanne Buchanan-Potter’s counterclaim for damages, the denial of Gabor and Sherri Spruch’s motion to set aside the previous order, the dismissal of the Spruchs’ notice of claim with prejudice and the dismissal of the Spruchs’ complaint with prejudice. Finds the small claims court erred by granting the counterclaim for damages and abused its discretion by dismissing the Spruchs’ complaint. Remands.

Tory Dominique Ward v. State of Indiana (mem. dec.)
22A-PC-2872
Post-conviction relief. Affirms the partial denial of Tory Ward’s petition for post-conviction relief. Finds Ward has not met his burden to demonstrate that the post-conviction court erred with regard to his double jeopardy claim. Also finds Ward has waived review of any of the remaining issues for failing to raise them in his direct appeal.

In re the Involuntary Termination of the Parent-Child Relationship of P.R., J.B., and N.B. (Minor Children) and Ni.B. (Mother) and L.B. (Father) v. Indiana Department of Child Services (mem. dec.)
23A-JT-52
Juvenile termination of parental rights. Affirms the involuntary termination of mother Ni.B. and father L.B.’s relationships with children J.B. and N.B., and the involuntary termination of Ni.B.’s relationship with P.R. Finds Ni.B. has failed to establish that the Marion Superior Court’s orders are clearly erroneous. Also finds L.B. has waived his ineffective assistance of counsel claim. Remands for correction of a scrivener’s error in the order regarding N.B.

Drew Shepherd v. State of Indiana (mem. dec.)
23A-CR-234
Criminal. Affirms Drew Shepherd’s convictions of Level 2 and Level 3 felony dealing in methamphetamine and his aggregate 22-year sentence. Finds the Boone Superior Court did not violate Shepherd’s right to be present at trial.

Kevin Martin v. Barbara Rosenberg and Indiana State Police (mem. dec.)
23A-CT-355
Criminal. Affirms the dismissal of Kevin Martin’s complaint against the Indiana State Police and his legal counsel, Barbara L. Rosenberg. Finds Martin has waived his claims of error.

Henry Sincere v. Celia Britton (mem. dec.)
23A-DC-384
Domestic relations with children. Remands the decree dissolving the marriage of Henry Sincere and Celia Britton. Finds Sincere has established prima facie error in both the Marion Superior Court’s parenting time order and its child support order. Remands with instructions for the trial court to either amend both orders to comport with the respective applicable guidelines or to enter written findings justifying a deviation therefrom.

Douglass M. Howard v. State of Indiana (mem. dec.)
23A-CR-457
Criminal. Affirms Douglass M. Howard’s conviction of Level 5 felony child seduction. Finds Howard has waived his claims regarding the admission of evidence and prosecutorial misconduct.

Ryann Scott Early v. State of Indiana (mem. dec.)
23A-CR-470
Criminal. Affirms Ryann Scott Early’s conviction of Level 4 felony causing catastrophic injury when operating a vehicle while intoxicated. Finds evidence of probative value exists from which the trier of fact could have found Early guilty beyond a reasonable doubt.

Jacob H. Warren v. State of Indiana (mem. dec.)
23A-CR-542
Criminal. Affirms Jacob Warren’s sentence to 10 years, with eight years served in the Department of Correction and two years suspended to supervised probation, for Level 4 felony child molesting. Finds the Tippecanoe Superior Court did not abuse its discretion by considering Warren’s juvenile history. Also finds Warren’s sentence is not inappropriate in light of the nature of his offense and his character.

Rickey Allen Kiper, Jr. v. State of Indiana (mem. dec.)
23A-CR-674
Criminal. Affirms Ricky Allen Kiper Jr.’s 75-year aggregate sentence for murder and being a habitual offender. Finds the Vanderburgh Circuit Court did not abuse its sentencing discretion. Also finds the sentence is not inappropriate.

Jonathan L. Sims v. State of Indiana (mem. dec.)
23A-MI-764
Miscellaneous. Affirms the dismissal of Jonathan L. Sims’ petition for an order of reclassification on the Indiana Sex and Violent Offender Registry. Finds Sims has waived his argument. Also finds the Madison Circuit Court did not err.

In the Matter of the Supervised Estate of Mary Etta Rose, Deceased, Michael K. Johnson (mem. dec.)
23A-EU-873
Estate, unsupervised. Affirms the denial of Michael Johnson’s petition that the Marion Superior Court, not Delories Johnson, pay him $140,000 in satisfaction of a judgment against Delories. Finds Michael has waived his claims through noncompliance with the appellate rules.

In the Matter of the Civil Commitment of: F.A. v. Community Health Network, Inc. (mem. dec.)
23A-MH-893
Mental health. Dismisses F.A.’s appeal of an involuntary commitment order that expired on June 22. Finds the appeal is moot and does not fall within an exception to the mootness doctrine.

Jose Alfredo Brena v. State of Indiana (mem. dec.)
23A-CR-910
Criminal. Affirms Jose A. Brena’s convictions of Level 6 felony operating while intoxicated endangering a person with a passenger less than 18 years of age, Level 6 felony resisting law enforcement, Class B misdemeanor possession of marijuana and Class C misdemeanor operating a motor vehicle without ever receiving a license. Finds the Elkhart Superior Court did not err when it held Brena’s trial in his absence because Brena knowingly and voluntarily waived his right to be present and was not prevented from providing an explanation for his absence. Also finds the trial court did not err when it did not hold a post-trial evidentiary hearing on the reasons for Brena’s absence from trial. Finally, finds the trial court did not abuse its discretion when it admitted an undercover officer’s testimony about what N.B. told him under the excited utterance exception to the rule against hearsay.

Robert Bradley v. State of Indiana (mem. dec.)
23A-CR-1189
Criminal. Affirms the sanction imposed on Robert Bradley — an order to serve four years of his suspended sentence — following the revocation of his probation. Finds no abuse of discretion.