Opinions October 17, 2024

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Indiana Court of Appeals
Ivan Hernandez-Vargas v. State of Indiana
24A-CR-1306
Criminal. Reverses the Hamilton Superior Court’s order upon revocation of Ivan Hernandez-Vargas’s probation which included a civil judgment for probation user fees assessed at the time of original sentencing. Finds that trial courts are not statutorily constrained to leave in place probation fees such as the ones at issue here. Remands with instructions to reduce the amount of fees by $660.

Lone Oak Solar Energy LLC v. Indiana Utility Regulatory Commission, et. al.
24A-EX-33
Administrative. Affirms the Indiana Utility Regulatory Commission’s decision not to reassert its jurisdiction over Lone Oak Solar Energy LLC’s solar farm project. Finds the IURC entered the declination order at Lone Oak’s request, and Lone Oak cites no compelling authority for the proposition that it cannot be held to an order, even an unconstitutional one, that it has expressly requested. Also finds the IURC did not consider Lone Oak’s new petition to be a basis to circumvent the standing declination order, and Lone Oak cites no compelling authority for its proposition that the IURC was obliged to entertain Lone Oak’s attempt to circumvent that order.

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