Opinions Sept. 29, 2023

Court of Appeals of Indiana
Israel Hernandez v. State of Indiana
23A-CR-219
Criminal. Affirms the denial of Israel Hernandez’s motion to dismiss a charging information for invasion of privacy as facially defective. Finds the charging information is not facially defective.

Michael Hesser, as the guardian of David Gonzalez, and David Gonzalez v. John Abney and Pekin Insurance Company
23A-CT-773
Civil tort. Affirms the Marion Superior Court’s entry of summary judgment against Michael Hesser and David Gonzalez. Finds the Pekin Insurance Company auto policy doesn’t limit protection required by Indiana Code § 27-7-5-2 or violate public policy. Also finds David Gonzalez wasn’t operating a covered auto at the time of the accident.

Cave Quarries, Inc. v. Warex LLC
22A-CT-1916
Civil tort. Affirms the Orange Circuit Court’s denial of Cave Quarries’ motion for summary judgment. Finds Warex is not subject to strict liability under the facts. Remands for further proceedings on Cave Quarries’ remaining count of negligence.

James Shattuck v. Alicia Velazquez Shattuck (mem. dec.)
22A-DC-2731
Domestic relations with children. Affirms the findings of fact, conclusions thereon and decree dissolving James Shattuck’s marriage to Alicia Velazquez. Finds the Marion Superior Court’s custody determination was not clearly erroneous. Also finds the trial court’s denial of Shattuck’s motions for rule to show cause was not clearly erroneous.

Jessica M. Renkenberger v. State of Indiana (mem. dec.)
23A-CR-751
Criminal. Affirms Jessica Renkenberger’s convictions and portions of her sentencing order. Reverses the order of restitution. Finds the Adams Circuit Court abused its discretion when it ordered Renkenberger to pay $21,425.14 in restitution. Remands for the trial court to recalculate the restitution.

Ronald Williams, III v. State of Indiana (mem. dec.)
22A-CR-2553
Criminal. Affirms Ronald Williams III’s convictions of murder, Level 5 battery with a deadly weapon and a firearm enhancement, and his 91-year sentence. Also affirms the revocation of his probation in an earlier case. Finds the evidence in the Allen Superior Court is sufficient to support the convictions. Also finds the sentence is not inappropriate. Finally, finds the trial court didn’t abuse its discretion in revoking his probation.

Jaylin Joseph Hughes v. State of Indiana (mem. dec.)
23A-CR-351
Criminal. Affirms the denial of Jaylin Hughes’ motion to withdraw his guilty plea. Finds the Lake Superior Court didn’t abuse its discretion in denying Hughes’ motion. Also finds the trial court’s refusal of his motion does not constitute manifest injustice.

Ashley Holden v. State of Indiana (mem. dec.)
22A-CR-2709
Criminal. Affirms Ashley Holden’s conviction of Level 1 child molesting. Finds the Marion Superior Court’s inclusion of the affirmation and name of the prosecutor in the jury instruction restating the charges did not constitute fundamental error. Reverses and remands the sentencing order. Finds inconsistent statements regarding fees imposed.

Da’Voncia Beasley v. State of Indiana (mem. dec.)
23A-CR-262
Criminal. Remands Da’Voncia Willie Beasley’s sentences for murder and attempted robbery resulting in serious bodily injury, and his sentence enhancement for being a habitual offender and for using a firearm in the commission of the offenses. Instructs the trial court to amend its sentencing statements to accurately reflect the 85-year sentence that it imposed: a 60-year sentence for murder enhanced by 10 years by the habitual offender finding and 15 years due to the firearms enhancement.

In the Termination of the Parent-Child Relationship of: O.W. and K.W. (Minor Children), And C.J. (Mother) v. Indiana Department of Child Services (mem. dec.)
23A-JT-574
Juvenile termination of parental rights. Affirms the order terminating mother C.J.’s parental rights to K.W. and O.W. Finds C.J. has failed to demonstrate that the St. Joseph Probate Court’s termination order is clearly erroneous.

In the Matter of: R.R. and N.R. (Minor Children) and S.R. (Mother) and R.R. (Father) v. Indiana Department of Child Services (mem. dec.)
23A-JC-666
Juvenile CHINS. Affirms the adjudication of R.R. and N.R., children of mother S.R. and father R.R., as children in need of services. Finds the CHINS order is supported by sufficient evidence.

Douglas J. Bray v. State of Indiana (mem. dec.)
23A-CR-668
Criminal. Affirms Douglas J. Bray’s conviction of Level 4 felony child molesting. Finds Bray has waived his argument that the Boone Superior Court improperly restricted his cross-examination of the child victim.

In the Termination of the Parent-Child Relationship of: L.D. (Minor Child), and A.D. (Mother) v. Indiana Department of Child Services (mem. dec.)
23A-JT-767
Juvenile termination of parental rights. Affirms the involuntary termination of mother A.D.’s parental rights to L.D. Finds A.D.’s due process rights were not violated. Also finds the St. Joseph Probate Court did not clearly err in finding that a reasonable probability exists that the conditions resulting in L.D.’s removal and the reasons for placement outside A.D.s care will not be remedied. Finally, finds the trial court’s determination that termination is in L.D.’s best interests is supported by clear and convincing evidence.

Ignacio Espinosa de los Monteros v. Amber Espinosa de los Monteros n/k/a Amber Scott-Raddatz (mem. dec.)
23A-DR-878
Domestic relations. Affirms the Hamilton Superior Court’s post-dissolution order denying father Ignacio Espinosa de los Monteros’ request to require mother Amber Espinosa de los Monteros to reimburse him for certain expenses related to supervised parenting time. Finds the trial court did not err when it denied Ignacio’s request for costs because the evidence supported the trial court’s findings, and those findings supported the trial court’s conclusion.