Opinions Sept. 28, 2023

Court of Appeals of Indiana
Elijah Colon Cruz v. State of Indiana
22A-CR-383
Criminal. Affirms Elijah Colon Cruz’s conviction of Level 4 felony unlawful possession of a firearm by a serious violent felon. Finds the Marion Superior Court did not abuse its discretion in the admission of evidence. Also finds sufficient evidence supported the conviction.

In re the Adoption of E.S.J. (Minor Child) H.M.B. and J.T.J. v. B.J.
23A-AD-1161
Adoption. Reverses the grant of father B.J.’s petition to transfer venue. Finds the Marion Superior Court abused its discretion.

Joe Alcozar, et al. v. Orthopedic & Sports Medicine Center of Northern Indiana, et al.
22A-CT-909
Civil tort. Affirms the Elkhart Superior Court’s denial of the plaintiffs’ motion for partial summary judgment and entry of summary judgment in favor of the defendants on the plaintiffs’ claimed prescription-drug-law violations. Reverses the St. Joseph Superior Court’s conclusion that the plaintiffs’ claims of prescription-drug-law violations should be presented to the medical review panels in each case and the rejection of a preemption argument. Finds the plaintiffs cannot establish that the defendants’ alleged statutory violations caused their injuries or that defendants have violated any federal or state prescription-drugs law whatsoever, so any questions regarding negligence per se and preemption are moot. Remands with instructions to enter summary judgment in favor of the defendants on the plaintiffs’ federal and state prescription-law claims.

Tricor Automotive Group, and Allegiance Administrators LLC v. Dealer VSC Ltd., and Haytham Elzayn
22A-PL-1137
Civil plenary. Reverses the entry of summary judgment in favor of Dealer VSC Ltd. and Haytham ElZayn on a series of claims and counterclaims. Finds a genuine issue of material fact exists as to whether an operational default occurred. Remands for further proceedings on the merits.

Dawann L. Martin, Jr. v. State of Indiana (mem. dec.)
22A-CR-2326
Criminal. Affirms Dawann Martin Jr.’s murder conviction. Finds the Allen Superior Court did not clearly err in allowing the state to exercise two peremptory challenges. Also finds the trial court did not abuse its discretion in instructing the jury on accomplice liability.

Joshua E. Leffew v. State of Indiana (mem. dec.)
22A-CR-2484
Criminal. Affirms Joshua E. Leffew’s convictions of Level 5 felony battery resulting in serious bodily injury, Class A misdemeanor battery resulting in bodily injury and Class B misdemeanor disorderly conduct. Finds the Johnson Circuit Court did not abuse its discretion in instructing the jury on self-defense.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of: G.W., Jr. (Minor Child), and G.W. Sr. (Father) v. Indiana Department of Child Services (mem. dec.)
22A-JT-2649
Juvenile termination of parental rights. Affirms the termination of father G.W. Sr.’s parental rights to G.W. Jr. Finds G.W. Sr. was not denied procedural due process in the child-in-need-of-services of termination proceedings.

Jason N. Barkley v. State of Indiana (mem. dec.)
23A-CR-184
Criminal. Affirms Jason N. Barkley’s 18-year aggregate sentence for his convictions of Level 3 felony attempted rape, Level 5 felony incest and Level 6 felony sexual battery. Finds Barkley has failed to show that the Allen Superior Court abused its discretion in sentencing him or that his sentence is inappropriate.

In the Matter of the Termination of the Parent-Child Relationship of D.M., Father, and T.B., Mother, and J.H., Mi.M. and Me.M., Children, D.M. and T.B. v. Indiana Department of Child Services (mem. dec.)
23A-JT-435
Juvenile termination of parental rights. Affirms the termination of father D.M. and mother T.B.’s parental rights to Mi.M. and Me.M., and T.B.’s parental rights to J.H. Finds the Tippecanoe Superior Court did not err in admitting evidence about D.M.’s criminal history and prior Department of Child Services involvement. Also finds the record discloses sufficient evidence supporting the terminations.

David L. Bennett v. State of Indiana (mem. dec.)
23A-CR-533
Criminal. Affirms the denial of David L. Bennett’s motion to suppress evidence obtained during the search of his Pawnee Drive residence. Finds the affidavit seeking a warrant to search Bennett’s Pawnee Drive residence provided probable cause that evidence of narcotics trafficking would be found there, so the Marion Superior Court did not err in issuing the warrant.

Paul A. Mast v. State of Indiana (mem. dec.)
23A-CR-1061
Criminal. Affirms Paul A. Mast’s 910-day sentence for Level 6 felony public indecency. Finds Mast has not sustained his burden of establishing that his sentence is inappropriate in light of the nature of the offense and his character.

William R. Cook, Jr. v. State of Indiana (mem. dec.)
23A-CR-1074
Criminal. Affirms William R. Cook Jr.’s 10-year sentence for Level 4 felony child solicitation. Finds the sentence is not inappropriate given the egregious nature of Cook’s offense and his deplorable character.

Britt M. Hembree v. State of Indiana (mem. dec.)
23A-CR-1086
Criminal. Affirms Britt Hembree’s five-year, nine-month sentence for Level 5 felony possession of methamphetamine. Finds Hembree’s sentence is not inappropriate.

Donald R. Walker v. Indiana State Board of Dentistry (mem. dec.)
23A-PL-1122
Civil plenary. Affirms the denial of Donald Walker’s petition for judicial review following a decision by the State Board of Dentistry. Finds Walker has waived review of two of his three purported issues for having failed to raise them to the Marion Superior Court. Also finds the evidence is sufficient to show that Walker committed fraud or material deception.