Opinions Aug. 29, 2023

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Tuesday opinions
Court of Appeals of Indiana

James K. McConnell v. Martha A. Doan; Marilyn S. Hall; David Fee; Jerome Henry, Jr.; Thomas B. Walsh; Tim Miller; and Nicolas Ciocca
23A-CT-145
Civil tort. Affirms a settlement agreement and appointment of a commercial court master. Finds the Allen Superior Court did not abuse its discretion in appointing a commercial court master pursuant to Commercial Court Rule 5 or Trial Rule 70. Also finds the settlement agreement does not contain an unenforceable “agreement to agree.”

Salifou Pessouore v. Frito Lay, Inc. (mem. dec.)
23A-EX-350
Appeal in certain administrative proceedings. Affirms an order of the Full Worker’s Compensation Board adopting a hearing member’s decision. Finds the record does not lead to a conclusion opposite that reached by the board.

Jerrod DeeBasham King v. State of Indiana (mem. dec.)
23A-CR-378
Criminal. Affirms Jerrod King’s 24-year sentence following his convictions arising from drug-dealing activities. Finds the Madison Circuit Court did not abuse its discretion in sentencing King. Also finds King’s sentence is not inappropriate.

Tianna Monique Holmes v. State of Indiana (mem. dec.)
23A-CR-137
Criminal. Affirms Tianna Holmes’ murder conviction and 62-year sentence, with two years suspended to probation. Finds challenged testimony was not inadmissible under Evidence Rule 702. Also finds the Tippecanoe Superior Court did not abuse its discretion in admitting the testimony.

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