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Clay Kelley v. Kristy Kelley, Deceased, b/n/f Kenneth Todd Scales
20A-MI-679
Miscellaneous. Dismisses Clay Kelly’s appeal of the Warrick Superior Court’s denial of his motions to quash a nonparty subpoena, for contempt and for sanctions, finding Clay was neither a named party nor an intervenor in the trial court and therefore lacked standing to bring the appeal. Denies on cross-appeal Kristy Kelley b/n/f Todd Scales’ request for appellate attorney fees.
H.H. v. S.H.
20A-PO-926
Protective order. Affirms the Hancock Superior Court’s ruling granting a protective order for H.H. against her ex-husband, S.H., for a period of one year instead of the two-year PO she sought under the Indiana Civil Protection Order Act. Finds that the facts and circumstances in this case are consistent with a one-year term of civil protection. Concludes that Indiana Code § 34-26-5-9(f) does not require the trial court to make a particularized finding to support a deviation from the stated two-year term for protective orders. In issuing a protective order, the trial court may exercise discretion in selecting an appropriate term but may not substitute a policy in place of legislation.
Victoria M. Jones v. Shenandoah Funding Trust (mem. dec.)
20A-CC-553
Civil collection. Reverses the Lake Superior Court’s denial of Victoria Jones’ motion to correct error challenging the trial court judgment against Jones, a co-signer on a student loan, for the amount of the loan plus costs and interests. Finds a lack of evidence showing Shenandoah Funding Trust owned the loan and the trial court judgment in its favor is not sustainable on any theory consistent with the evidence.
William R. Neeb v. State of Indiana (mem. dec.)
20A-PC-795
Post-conviction. Affirms the Hamilton Superior Court’s denial of William Neeb’s petition for post-conviction relief, finding he has not shown ineffective assistance of counsel.
John A. Trigg v. State of Indiana (mem. dec.)
20A-CR-1078
Criminal. Affirms the Allen Superior Court’s revocation of John A. Trigg’s placement in the Allen County Drug Court Program, finding the court did not abuse its discretion.
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