Opinions June 9, 2022

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Thursday’s opinions

Court of Appeals of Indiana 

Five Star Roofing Systems, Inc. D/B/A Five Star Commercial Roofing Systems Inc. v. Armored Guard Window & Door Group, Inc. D/B/A Pendleton Enterprises, Inc.
21A-PL-1964
Civil plenary. Affirms the grant of summary judgment, damages, and attorney fees in favor of Armored Guard Window & Door Group, Inc., doing business as Pendleton Enterprises, Inc. against Five Star Roofing Systems, Inc. Reverses the award of prejudgment interest with respect to the date the prejudgment interest began to accrue. Remands with instructions for the court to determine the appropriate amount of interest from Feb. 9, 2016.

David H. Jewell II v. State of Indiana (mem. dec.)
21A-CR-2814
Criminal. Affirms David H. Jewell II’s convictions for Level 5 felony possession of methamphetamine and Class C misdemeanor possession of paraphernalia. Finds the trial court did not abuse its discretion in overruling Jewell’s objection and admitting the methamphetamine evidence.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of Z.P. (minor child) and J.P. (Father) and S.W. (Mother) v. Indiana Department of Child Services (mem. dec.)
21A-JT-2804
Juvenile termination of parental rights. Affirms the involuntarily termination of parental rights of J.P. and S.W. to their minor child Z.P. Finds the trial court didn’t err in concluding there is reasonable probability the conditions that resulted in the child’s removal or reasons for placements outside the home will be remedied. Concludes termination is in the child’s best interests.

Micah D. Perryman v. State of Indiana (mem. dec.)
22A-CR-128
Criminal. Affirms the denial of Micah Perryman’s 50-year sentence for felony dealing in cocaine, dealing in cocaine or a narcotic, maintaining a common nuisance and misdemeanor possession of marijuana. Finds Perryman did not appeal or pursue an appeal of the trial court’s order denying his petition for modification of sentence or the bases for the trial court’s orders following his subsequent petitions for modification of sentence. Finds Perryman didn’t have the consent of the prosecuting attorney to file a motion for modification of sentence.

Nicholas Pelissier v. State of Indiana (mem. dec.)
21A-PC-2033
Civil plenary. Affirms the denial of post-conviction relief for Nicholas Pelissier. Finds Pelissier has not met his burden of establishing ineffective assistance of trial or appellate counsel.

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