Court opinions

Court of Appeals of Indiana
In the Matter of the Paternity of A.J.L.B., a Minor by his next friend Grisel Bonilla Lemus v. Jaime Lazo Alvarenga
23A-JP-1436
Juvenile paternity. Reverses the denial of mother Grisel Bonilla Lemus’ motions to correct error and to amend the pleadings to conform to the evidence seeking to amend the paternity petition to add a request for the findings required for special immigrant juvenile status. Finds the requested SIJ findings were before the Bartholomew Superior Court, so the court abused its discretion by denying the motion to correct error and the motion to amend the pleadings. Remands with instructions to grant the motions, allow amendment of the petition and amend the judgment to include the requested findings.

Court of Appeals of Indiana
Charles Jennings v. Jessica A. Smiley and Progressive Southeastern Insurance Company
23A-CT-303
Civil tort. Affirms the jury verdict finding Charles Jennings 99% at fault and Jessica Smiley 10% at fault after Smiley struck Jennings with her car while he was crossing the street, and the subsequent judgment in favor of Smiley. Finds the Hamilton Superior Court did not abuse its discretion in denying Jennings’ motion to compel.

Court of Appeals of Indiana
Thomas Owens v. State of Indiana
23A-CR-985
Criminal. Affirms Thomas Owen’s conviction of Level 5 felony battery by means of a deadly weapon. Finds the Marion Superior Court didn’t err in denying Owen’s motion to supplement the record. Also finds the trial court properly instructed the jury on elements of the charge and the state presented sufficient evidence of the victim’s identity and the use of a deadly weapon.

Court of Appeals of Indiana
Mark A. Goodlett v. Town of Clarksville and Town of Clarksville Fire Department (mem. dec.)
23A-CT-460
Civil tort. Affirms the Town of Clarksville Board of Police and Fire Commissioners’ decision to terminate Mark A. Goodlett. Finds the board properly exercised its authority under Indiana Code § 36-8-3-4 and the departments general orders, so its decision to terminate Goodlett for neglect of duty, immoral conduct, conduct unbecoming an officer, violations of department rules and breaches of discipline was not arbitrary and capricious and did not otherwise violate Goodlett’s due process rights.

7th Circuit Court of Appeals
Heather Tutwiler v. Kilolo Kijakazi, Acting Commissioner of Social Security
22-2808
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Senior Judge William C. Lee.
Civil. Affirms the district court’s order affirming the denial of benefits for Heather Tutwiler. Finds the administrative law judge’s decision was supported by substantial evidence and was not otherwise contrary to law.

Court of Appeals of Indiana
De’Torio Ty Lurentus Berneard Fleming v. State of Indiana (mem. dec.)
22A-CR-2741
Criminal. Affirms De’Torio Ty Lurentus Berneard Fleming’s convictions of felony murder and Level 3 felony armed robbery and his aggregate 64-year sentence. Finds the Madison Circuit Court did not abuse its discretion when it admitted a photograph of Fleming’s hands taken during the trial into evidence. Also finds the trial court did not abuse its discretion when it sentenced Fleming.

Court of Appeals of Indiana
Joseph Marcel Odom v. State of Indiana (mem. dec.)
23A-CR-293
Criminal. Affirms Joseph Marcel Odom’s convictions for Level 2 felony conspiracy to commit dealing in methamphetamine, Level 6 felony obstruction of justice and Class B misdemeanor false informing and his sentence of 28 years. Finds Odom has failed to establish that his sentence is inappropriate in light of his demonstrably poor character. Also finds no abuse of discretion from the Tippecanoe Circuit Court in instructing the jury on conspiracy charge and that his obstruction conviction was supported by sufficient evidence.

Court of Appeals of Indiana
Charles Andrew Wenner v. Gehrid Hensley, et al.
23A-SC-973
Small claims. Affirms the small claims judgment in Monroe Circuit Court issued against landlord Charles Andrew Wenner and in favor of tenants Hayen Johnson, Gehrid Hensley and Quinn Kaise. Remands for a determination of appellate attorney fees to be awarded to tenants. Finds Wenner’s procedural bad faith in his appeal rises to the level of egregiousness for which appellate attorney fees are warranted.

Court of Appeals of Indiana
Austin J. Hollifield v. State of Indiana (mem. dec.)
23A-CR-1014
Criminal. Affirms Austin Hollifield’s conviction of Level 4 felony possession of a firearm by a serious violent felon, his habitual offender enhancement and his 20-year enhanced sentence. Finds the admission of a video was not error. Also finds Hollifield’s sentence is not inappropriate.

Court of Appeals of Indiana
Ji J. Lian v. Health and Hospital Corporation of Marion County (mem. dec.)
22A-OV-2758
Ordinance violation. Affirms the orders requiring Ji Jing Lian to remedy the various health code violations on the interior and exterior portions of her property by a certain date and, in the event she did not comply, ordering the Health and Hospital Corporation of Marion County and/or its contractors to vacate the premises and clean up the exterior, with a resulting lien for the costs incurred. Finds Lian did not raise her Fourth Amendment argument in the Marion Superior Court, so she cannot pursue it on appeal.