Opinions April 20, 2022

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Court of Appeals of Indiana
Cliff Decker and Wendy Decker, individually and on behalf of all others similarly situated v. Star Financial Group, Inc.
21A-PL-2191
Civil plenary. Reverses and remands the Allen Superior Court’s grant of a motion to compel arbitration filed by Star Financial Group, Inc. against Cliff and Wendy Decker. Finds that the Deckers did not receive reasonable notice of the arbitration provision. As such, finds the trial court erred by granting Star Financial’s motion to compel arbitration. Judge Terry Crone dissents with a separate opinion, opining that the Deckers’ failure to seasonably read the change notice does not relieve them from their contractual obligations.

Orlando Terrill Sutton v. State of Indiana (mem dec.)
21A-CR-996
Criminal. Affirms Orlando Sutton’s aggregate 85-year sentence for conviction of felony murder and Level 1 felony attempted murder. Finds the sentence is not inappropriate and that the Madison Circuit Court did not abuse its sentencing discretion.

James A. Williams v. State of Indiana (mem. dec.)
21A-CR-2299
Criminal. Affirms James Williams’ conviction for Class A misdemeanor resisting law enforcement. Finds sufficient evidence to support the conviction.

Jason B. Noble v. State of Indiana (mem. dec.) 
21A-CR-2441
Criminal. Affirms Jason Noble’s 18-year sentence for Level 2 felony dealing in methamphetamine. Finds Noble did not demonstrate that his guilty plea and remorse were significant mitigating circumstances or that the trial court abused its discretion. Finds Noble’s sentence is not inappropriate in light of the nature of the offense and his character.

Miller’s Health Systems, Inc. v. Chandra L. Garinger (mem. dec.)
21A-CC-2741
Civil collection. Reverses the denial of Miller’s Health Systems, Inc.’s motion for default judgment in its action against Chandra L. Garinger to foreclose a lien. Finds reversal is appropriate and remands to the trial court for the entry of such a judgment.

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