Opinions Oct. 16, 2023

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Court of Appeals of Indiana
Luse Thermal Technologies, LLC v. Graycor Industrial Constructors, Inc. and BP Products North America, Inc.
23A-PL-633
Civil plenary. Affirms the Lake Superior Court’s grant of partial summary judgment in favor of Graycor Industrial Constructors Inc. on Luse Thermal Technologies Inc.’s request for damages and unjust enrichment claim; the grant of summary judgment in favor of BP Products North America Inc. on Luse’s claims based on the personal liability notice statute and unjust enrichment; the grant of BP’s motion to strike certain evidentiary materials; and the denial of Luse’s partial motion for summary judgment with respect to Graycor’s counterclaim relating to the recovery of certain contractual costs. Finds the trial court did not abuse its discretion in granting BP and Graycor’s motions to strike, nor did it err in granting Graycor and BP’s motions for summary judgment. Also finds genuine issues of material facts remain as to Luse’s motion for partial summary judgment. Finally, finds Graycor’s request for appellate attorney fees is not ripe for review.

Jamal Long v. State of Indiana (mem. dec.)
23A-CR-123
Criminal. Affirms Jamal Long’s conviction in Clark Circuit Court of Level 4 felony arson and his sentence of 12 years. Finds the evidence is sufficient for a reasonable jury to find beyond a reasonable doubt that Long intentionally damaged a house by means of fire. Also finds the trial court did not abuse its discretion in its consideration of aggravating factors. Finally, finds Long’s sentence is not inappropriate.

Alonzo Fention Thomas, III v. State of Indiana (mem. dec.)
22A-CR-3026
Criminal. Affirms Alonzo Thomas’ conviction in Marion Superior Court of Level 4 felony unlawful possession of a firearm by a serious violent felon. Finds the trial court did not err in admitting a handgun into evidence because a police officer’s warrantless search of Thomas’ car was reasonable and did not violate his rights under Article 1, Section 11 of the Indiana Constitution.

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