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Jose L. Izaguirre v. State of Indiana
21A-CR-2258
Criminal. Affirms Jose L. Izaguirre’s convictions of two counts of Level 1 felony child molesting committed against his stepdaughter and his sentence to an aggregate of 40 years, with five years suspended to probation. Finds Izaguirre waived his arguments regarding Indiana Code § 35-40-5-13 by failing to make cogent arguments or cite relevant authority. Waiver notwithstanding, finds Izaguirre cannot demonstrate that he was prejudiced by the presence of the comfort animal when he confessed to two of the crimes of which the jury found him guilty.
Paul Svindland, Kathryn Wouters, Chase Welsh, and Jon Russell v. TA Dispact, LLC
22A-CT-774
Civil tort. Reverses the denial of Paul Svindland, Kathryn Wouters, Chase Welch and Jon Russell’s request that the complaint filed against them by TA Dispatch LLC by transferred to the Delaware state court system. Finds the forum-selection clause applies to TA Dispatch’s lawsuit. Remands with instructions for the Hamilton Superior Court to dismiss the matter without prejudice so that TA Dispatch can, if it so chooses, refile the underlying lawsuit in the forum agreed to by the parties, i.e., Delaware.
DERR Enterprises, LLC v. Union City Indiana Properties, LLC (mem. dec.)
21A-CC-2305
Civil collections. Reverses the orders granting summary judgment in favor of Union City Indiana Properties LLC and denying DERR Enterprises LLC’s motion to correct error. Finds a genuine issue of material fact exists regarding whether Union City and DERR agreed to modify their lease agreement to shorten the lease term. Remands for further proceedings.
Amanda Kimmel v. Raymond S. Clay (mem. dec.)
22A-JP-467
Juvenile paternity. Affirms the Noble Circuit Court’s modification of custody of E.K., giving primary physical and sole legal custody of E.K. to father Raymond S. Clay. Finds the trial court’s findings were adequate in form, and any error in the findings was surplusage and did not affect the validity of its decision. Also finds the trial court’s conclusions conformed to the requirements for findings and conclusions pursuant to a party’s request for specific findings and conclusions under Indiana Trial Rule 52(A), and the conclusions were supported by the findings. Finally, finds the trial court sufficiently found and concluded that the grant of primary physical and sole legal custody of E.K. to Clay was in the child’s best interests, and that there had been a substantial change in at least one factor under Indiana Code §§ 31-14-13-2 and -2.3.
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