Opinions March 10, 2022

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Indiana Supreme Court
Service Steel Warehouse Co., L.P. v. United States Steel Corp.
21S-CC-408
Civil collections. Reverses the Lake Superior Court’s entry of summary judgment for United States Steel Corp. after Service Steel Warehouse Co. L.P. sued to foreclose on a mechanic’s lien. Finds Service Steel, as a supplier, could have a lien because it furnished materials for a project, which is all the mechanic’s lien statute required. Remands for reconsideration of Service Steel’s summary judgment motion.

Indiana Office of Utility Consumer Counselor, et al. v. Duke Energy Indiana, LLC, et al.
21S-EX-432
Agency action. Summarily affirms the Court of Appeals of Indiana on the separation-study and Edwardsport plant issues. Reverses the portion of the Indiana Utility Regulatory Commission’s June 2020 order that approves costs. Finds that on the issue of retroactive ratemaking, absent specific statutory authorization, a utility cannot recoup its past costs adjudicated under a prior rate case. Remands to the commission for further proceedings. Justice Christopher Goff concurs and dissents in part with separate opinion.

Court of Appeals of Indiana
Torri E. Newman v. State of Indiana (mem. dec.)
20A-CR-1923
Criminal. Affirms the denial of Torri Elliot Newman’s motion to correct erroneous sentence. Finds the Hamilton Superior Court did not err.

Brendon White v. State of Indiana (mem. dec.)
21A-CR-1741
Criminal. Affirms the revocation of Brendon White’s probation and the order that he serve his previously suspended five-year sentence. Finds the Dearborn Circuit Court did not abuse its discretion in ordering White to serve his previously-suspended sentence.

Deonte T. Thornton v. State of Indiana (mem. dec.)
21A-CR-2118
Criminal. Affirms Deonte Thornton’s appeal of his sentence to an aggregate of four years, with one year suspended to probation, for his convictions of stalking and invasion of privacy. Finds Thornton’s sentence is not inappropriate in light of the nature of the offense and his character.

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