Opinions March 4, 2024

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Court of Appeals of Indiana
Doug Williams and W.W. Contracting Inc. v. Pekin Insurance Inc.
23A-PL-995
Civil plenary. Affirms the Tippecanoe Superior Court’s grant of summary judgment in favor of Pekin Insurance Inc. Finds W.W. Contracting Inc.’s theft allegation established the dishonest act. 

Barry F. Logan Jr. v. Curtis Evans
23A-SC-1324
Small claims. Affirms the Marion Small Claims Court’s judgment for Curtis Evans on Barry Logan’s small claim for breach of contract. Finds the statute of frauds applies and precludes Logan’s warranty claim and that neither the home improvement statutes cited by Logan nor Article 2 or the Uniform Commercial Code avoid or nullify the operation and effect of the statute of frauds. Also finds the alleged oral agreement is barred by the statute of frauds. 

Paul Oliver v. FLH Mill, LLC and Jeremy Ferree and Crystal Ferree (mem. dec.)
23A-CT-2265
Civil tort. Affirms the Greene Superior Court’s judgment in denying Paul Oliver’s motion for summary judgment and entering final judgment in favor of Crystal Ferre and awarding her attorney fees. Finds Oliver’s continued prosecution of Crystal long after a reasonable person would have abandoned it, along with his admission regarding his true motivations, readily supported the trial court’s entry of judgment in favor of Crystal and its award of attorney’s fees. Remands the trial court to award Crystal her appellate attorney fees. 

Robert R. Romero Jr. v. State of Indiana (mem. dec.)
23A-CR-1888
Criminal. Affirms Robert Romero Jr’s aggregate 45-year sentence for Level 1 felony child molesting and Level 4 felony child molesting. Finds Romero was not denied a fair trial before an impartial jury and his sentence is not inappropriate. 

Riley Alan Gilliland v. State of Indiana (mem. dec.)
23A-CR-1636
Criminal. Affirms Riley Alan Gilliland’s convictions for Level 5 felony carrying a handgun without a license, Level 6 felony possession of methamphetamine, Level 6 felony possession of a narcotic drug, Class A misdemeanor driving while suspended, Class A misdemeanor operating a vehicle while intoxicated and his adjudication as a habitual offender. Finds the state presented sufficient evidence to support Gilliland’s convictions.

Jonathan Leroy Jefferies v. State of Indiana (mem. dec.)
23A-CR-1795
Criminal. Reverses the revocation of Jonathan Leroy Jefferies’s probation. Finds denying Jefferies the opportunity to present the mitigating evidence suggesting his probation violation did not warrant revocation, the trial court denied Jefferies due process of law.

Austin D. Doremus v. State of Indiana (mem. dec.)
23A-CR-1791
Criminal. Affirms Austin Doremus’s sentence for Level 3 felony child molestation. Finds Doremus failed to persuade the appellate court his 12-year sentence is inappropriate in light of the nature of his offense and his character.

In the Termination of the Parent-Child Relationship of: B.G. (Minor Child) and S.G. (Mother) v. Indiana Department of Child Services (mem. dec.)
23A-JT-2437
Juvenile termination of parental rights. Affirms the involuntary termination of S.G.’s parental rights to her child B.G. Finds S.G. was not denied due process and the Department of Child Services presented sufficient evidence to establish the requisite statutory elements for termination of S.G.’s parental rights.

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