Opinions

Court of Appeals of Indiana
Yergy’s State Road BBQ, LLC v. Wells County Health Department; Eric Holcomb, in his official capacity of Governor of the State of Indiana; and State of Indiana
21A-PL-2593
Civil plenary. Affirms the dismissal of Yergy’s State Road BBQ LLC’s complaint against the state of Indiana, Gov. Eric Holcomb and the Wells County Health Department related to public health emergency orders issued concerning restaurant closures during the COVID-19 pandemic. Finds the Wells Circuit Court did not err in concluding Yergy’s complaint requesting relief was moot. Declines to apply the public interest exception or to issue an advisory opinion.

Court of Appeals of Indiana
Darren Woodcox and Elizabeth Woodcox, as Personal Representatives of the Estate of Dylan Woodcox v. Anonymous Hospital, Anonymous M.D., and Anonymous N.P.  
21A-CT-1565
Civil tort. Affirms the Marion Superior Court’s denial of Darren and Elizabeth Woodcox’s motion for summary judgment and declaratory judgment in their case against Anonymous Hospital, Anonymous M.D., and Anonymous N.P. following the death of their infant son. Finds the trial court did not err in denying the Woodcoxes’ motion for summary judgment and declaratory judgment. Finds the trial court did not err in dismissing the Woodcoxes’ claims on the merits. Expresses no opinion on the merits of the Woodcoxes’ claims but concludes that the review panel’s process must proceed to its conclusion before the trial court may adjudicate those claims.

Court of Appeals of Indiana
Jamie Israel v. Yaima Israel
21A-DC-1063
Domestic relations with children. Affirms and reverses in part the provisions of the decree of dissolution of the marriage of Jamie Israel and Yaima Israel. Finds the Marion Superior Court did not err in valuing the marital residence and personal property of the marriage, nor in dividing the retirement accounts. Also finds the trial court did not abuse its discretion in awarding Yaima sole legal custody of their child or in denying Jamie’s request for an award of attorney fees. Finally, finds the non-disparagement clause of the final decree was an unconstitutional prior restraint on speech and was overbroad to the extent it forbade the parties from making disparaging comments about the other when outside the presence of the child. Remands with instructions to modify the non-disparagement clause.

Court of Appeals of Indiana
Fredrick David Craft v. State of Indiana
21A-CR-2004
Criminal. Affirms Fredrick Craft’s convictions of murder and attempted murder. Finds Craft preserved his prosecutorial misconduct claims but declines to grant a new trial because the state’s closing arguments did not place him in grave peril. Also finds the evidence was sufficient to support the verdict.

Court of Appeals of Indiana
D.W. v. State of Indiana (mem. dec.)
21A-JV-2727
Juvenile. Affirms the adjudication of D.W., 14, as a delinquent child for an act that would be Level 4 child molesting if committed by an adult. Finds the state presented sufficient evidence from which a reasonable fact-finder could conclude that D.W. acted with the intent to arouse or satisfy his or 4-year-old K.H.’s sexual desires when D.W. touched her

Court of Appeals of Indiana
Daniel J. Senteney v. State of Indiana (mem. dec.)
21A-CR-1944
Criminal. Affirms Daniel Senteney’s conviction for Class A misdemeanor intimidation. Finds sufficient evidence to support the conviction.

Court of Appeals of Indiana
Veronica C. Reyes v. State of Indiana
21A-CR-2646
Criminal. Affirms Veronica Reyes’ convictions for resisting law enforcement, a Class A misdemeanor, and reckless driving, a Class C misdemeanor. Finds the Marion Superior Court did not abuse its discretion by instructing the jury before the closing arguments were made by the attorneys. Holds Indiana Jury Rule 26(a) gives trial courts the option of giving final instructions before or after closing arguments.

Court of Appeals of Indiana
In the Matter of: K.T. and B.T. (Minor Children), Children in Need of Services, and P.T. (Mother) v. Indiana Department of Child Services
21A-JC-2025
Juvenile CHINS. Affirms the determination that mother P.T.’s children, K.T. and B.T., are children in need of services. Finds the juvenile court had good cause to continue a factfinding hearing by three days under Indiana Trial Rule 53.5

Court of Appeals of Indiana
Legacy Builders Indiana, Inc. and as amended Legacy Builders Indiana, LLC, et al. v. Christopher Crocker and Beth Anne Robards-Crocker
21A-CT-2255
Civil tort. Reverses the denial of Legacy Builders Indiana Inc. and Jonathon D. Douglas’ motion to set aside a default judgment in favor of Christopher Crocker and Beth Anne Robards-Crocker. Finds the Clay Circuit Court abused its discretion by holding a hearing without notice to the defendants. Also finds the trial court erred by denying the motion to set aside the default judgment where the trial court lacked personal jurisdiction. Remands for further proceedings.

Court of Appeals of Indiana
Maria L. Cole v. Peter G. Cole
21A-MI-2415
Miscellaneous. Reverses the St. Joseph Circuit Court’s determination that Maria Cole’s children, J.M.C. and L.R.C., have their “habitual residency” in the Federal Republic of Germany under the Hague Convention on the Civil Aspects of International Child Abduction. Finds the trial court erred when it determined the children have their habitual residency in Germany and not in the United States.

Court of Appeals of Indiana
Scott Geels and Erica Leitch v. Desiree Morrow and Sean Riley
21A-MI-960
Miscellaneous. Grants Scott Geels and Erica Leitch’s petition for rehearing to correct the mislabeling of their underlying proceedings brought against Desiree Morrow and Sean Riley. Finds that the appellate review standards for guardianship cases and de facto custodian cases are used interchangeably by the Court of Appeals of Indiana and the Indiana Supreme Court. Therefore finds the trial court’s determination that Morrow’s child’s best interests were served by remaining in the custody of her mother prohibits a ruling in the appellants’ favor, regardless of whether the proceeding was for guardianship or custody as de facto custodians. Affirms the appellate court’s prior decision in all other respects.

Court of Appeals of Indiana
Cordell D. Patterson, Jr. v. State of Indiana (mem. dec.)
21A-CR-1573
Criminal. Affirms Cordell D. Patterson Jr.’s conviction of murder and his 62-year sentence. Finds the Allen Superior Court did not abuse its discretion in limiting cross-examination to only the plea agreement reached by Montell Jones and the state. Also finds the trial court did not abuse its discretion in permitting Maria Williams to testify despite finding that she had violated a separation order. Finally, finds Patterson has not established that his sentence is inappropriate.

Court of Appeals of Indiana
Biodynamic Extraction, LLC d/b/a Biodynamics Extract, LLC v. Kickapoo Creek Botanicals, LLC
21A-CT-2446
Civil tort. Affirms the denial of Biodynamic Extraction LLC d/b/a Biodynamic Extract LLC’s motion to set aside judgment pursuant to Indiana Trial Rule 60(B)(1), which affirmed summary judgment in favor of Kickapoo Creek Botanicals. Finds the Marion Superior Court did not abuse its discretion by denying BDX’s motion to set aside the default judgment entered against it.