Opinions Aug. 22, 2023

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Court of Appeals of Indiana
Technicolor USA, Inc.; Technicolor S.A.; Thomson Consumer Electronics Television Taiwan Limited; and Thomson Consumer Electronics Bermuda Limited v. Insurance Company of North America; Indemnity Insurance Company of North America; XL Insurance America, Inc. f/k/a Winterthur International America Insurance Company; American Guarantee and Liability Insurance Company; CIGNA Insurance Company n/k/a ACE American Insurance Company; CIGNA Property & Casualty n/k/a ACE Property & Casualty Insurance Group; Zurich American Insurance Company; AXA Insurance Company; Allianz Global Insurance Company
22A-PL-2094
Civil plenary. Affirms the denial Technicolor’s cross-motion for summary judgment, the grant of summary judgment in favor of AXA Insurance Company, and the entry of final judgment on the issue of AXA’s duty to defend and indemnify the Technicolor entities. Finds the Marion Superior Court properly determined that the claims alleged fall outside the “coverage territory” defined in the AXA policies. Also finds there is no coverage available under the following form endorsements of the AXA Umbrella Policies.

Gareth Sylvester Earl Jones v. State of Indiana
22A-CR-2661
Criminal. Affirms Gareth Jones’ convictions of Level 1 burglary resulting in serious bodily injury and Level 5 robbery, and his 40-year aggregate sentence. Finds the Clark Circuit Court did not abuse its discretion in the admission and exclusion of evidence. Also finds the state presented sufficient evidence to support the convictions. Finally, finds the sentence is not inappropriate.

Joni Rena Hermesch v. State of Indiana (mem. dec.)
23A-CR-868
Criminal. Affirms the revocation of Joni Hermesch’s probation and order that she serve portions of her previously suspended sentences with the Department of Correction. Finds the Decatur Superior Court did not abuse its discretion.

Jason Dwayne Phipps v. State of Indiana (mem. dec.)
22A-CR-1570
Criminal. Affirms Jason Phipps’ conviction of Level 2 voluntary manslaughter. Finds there was sufficient evidence to support the conviction. Also finds the Marion Superior Court did not err in the admission of challenged evidence.

Charles A. Alexander v. State of Indiana (mem. dec.)
22A-CR-2604
Criminal. Affirms Charles Alexander’s convictions of Level 1 child molesting and two counts of Level 4 child molesting. Finds Alexander did not establish the deputy prosecutor committed misconduct that resulted in fundamental error.

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