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Randy C. Axelrod, M.D. v. Anthem, Inc. and all of its affiliates, WellPoint, Inc., and Amgen, Inc.
19A-PL-1171
Civil plenary. Affirms the denial of Randy C. Axelrod’s motions for a mistrial or a new trial after a jury returned a verdict in favor of Anthem Inc. and all of its affiliates, WellPoint Inc. and Amgen Inc. Finds the Marion Superior Court did not misapply Indiana Trial Rule 60(B)(3).
Aaron L. Gerber v. State of Indian
20A-CR-1771
Criminal. Affirms Aaron Gerber’s 2½-year sentence for his conviction of Level 6 felony domestic battery and his 180-day sentence for his conviction of indirect criminal contempt. Finds Gerber has failed to prove that the domestic battery sentence is inappropriate. Also finds the Allen Superior Court did not abuse its discretion when it sentenced him for the contempt adjudication.
Melvin Eugene Hall II v. State of Indiana
21A-CR-41
Criminal. Affirms the denial of Melvin Eugene Hall’s petition for release on bail following his arrest on a murder charge. Finds the Marion Superior Court did not abuse its discretion in finding the state carried its burden to show that the proof of Hall’s guilt is evident or the presumption of guilt is strong, such that his self-defense or sudden heat claims were defeated.
In the Matter of the Involuntary Termination of the Parent-Child Relationship of A.R. (Minor Child) and A.M. (Mother) and J.R. (Father) (mem. dec.)
20A-JT-1769
Juvenile termination of parental rights. Affirms the involuntary termination of the parental rights of mother A.M. and father J.R. to their minor child A.R. Finds the Daviess Circuit Court did not clearly err in concluding that there is a reasonable probability of unchanged conditions. Also finds the trial court did not clearly err in concluding that termination of A.M. and J.R.’s parental rights is in A.R.’s best interests.
Kenneth L. Dilger and Carol J. Dilger v. Board of Zoning Appeals, Spencer County, Indiana, and Dennis Luebbehusen and Rose M. Luebbehusen (mem. dec.)
20A-MI-1990
Miscellaneous. Affirms the Spencer County Board of Zoning Appeals’ grant of Dennis and Rose M. Luebbehusen’s application for a variance to build a single-family residence on a 0.89-acre piece of property located in an agricultural zone in which residential structures are permitted only on lots comprising at least one acre. Finds the BZA’s decision to grant the variance is supported by sufficient evidence. Also finds Kenneth Dilger has waived appellate review of the Spencer Circuit Court’s denial of his request to supplement the record.
Johnny Andrew Levin v. State of Indiana (mem. dec.)
20A-CR-2217
Criminal. Affirms Johnny Levin’s 20-year sentence for his convictions of two counts of Level 4 felony child molesting. Finds the 20-year sentence is not inappropriate.
Richard Tyson v. State of Indiana (mem. dec.)
20A-CR-2124
Criminal. Affirms Richard Tyson’s aggregate sentence of 4½ years for his convictions of Level 5 felony attempted robbery and Level 6 felony failure to return to lawful detention under a separate cause. Finds Tyson has failed to satisfy his burden of demonstrating that his sentence is inappropriate.
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