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Indiana Court of Appeals
Citizens Action Coalition of Indiana, Inc., Sierra Club, Inc., and Valley Watch, Inc. v. Southern Indiana Gas and Electric Co. d/b/a Vectren Energy Delivery of Indiana, Inc., Ind. Utility Regulatory
93A02-1502-EX-110
Agency action. Reverses approval of Vectren’s proposal to modify current coal-powered generating stations and request for financial incentives and reimbursement from ratepayers for costs associated with the projects by the Indiana Utility Regulatory Commission. The commission erred in failing to make findings on the factors listed in I.C. 8-1-8.7-3. Remands with instructions for commission to make the required findings.
State Farm Mutual Automobile Insurance Company v. Carol Jakubowicz, Individually, and as Parent and Legal Guardian of Jacob Jakubowicz and Joseph Jakubowicz, Minors
45A05-1502-CT-78
Civil tort. Reverses denial of State Farm’s motion for summary judgment in favor of the Jakubowiczes on the family’s complaint for underinsured motorist coverage. Jakubowicz was not in compliance with the provisions of her policy as they require both the notification of the claim and the lawsuit to be filed within the three-year contractual limitation period.
Aaron Brubaker v. State of Indiana (mem. dec.)
43A05-1507-PC-769
Post conviction. Affirms denial of petition for post-conviction relief, finding Brubaker consented to the unlawful sentence and so has waived his right to appeal his sentence on that basis.
Jeremy Tidmore v. State of Indiana (mem. dec.)
27A02-1502-CR-77
Criminal. Affirms dismissal of Tidmore’s petition for sentence modification under I.C. 35-38-1-17.
William Craven v. State of Indiana (mem. dec.)
49A02-1502-CR-107
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated in a manner that endangers a person. Reverses conviction of Class C misdemeanor operating a vehicle with a BAC of at least 0.08 percent but less than 0.15 percent because it violates Indiana Code 35-38-1-6 as it is a lesser included offense of the Class A misdemeanor. Remands for further proceedings.
J.K. v. State of Indiana (mem. dec.)
49A02-1504-JV-231
Juvenile. Affirms order J.K. pay $800 in restitution but remands with instructions for the court to fix a deadline by which J.K. must satisfy his obligation.
Christina L. Reber v. State of Indiana (mem. dec.)
18A02-1503-CR-153
Criminal. Affirms conviction of Class C felony battery, finding the record contained sufficient evidence to rebut Reber's claim of self-defense.
D.S. v. State of Indiana (mem. dec.)
49A04-1504-JV-161
Juvenile. Affirms true finding D.S. committed what would be Class A misdemeanor battery if committed by an adult.
Jennifer Gibson Pearson v. State of Indiana (mem. dec.)
34A05-1505-CR-267
Criminal. Affirms revocation of Pearson’s probation and order that she serve part of her sentence for Class D felony theft.
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