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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowCourt of Appeals of Indiana
S.D. v. G.D.
22A-PO-521
Protective order. Reverses the Starke Circuit Court’s order of protection against S.D. in favor of G.D. Finds insufficient evidence to establish that S.D. represents a present, credible threat to G.D.’s safety or the safety of their child, H.D. Also finds the trial court erred in not balancing any need for protection against the burden imposed by the protective order. Judge Robert Altice dissents with separate opinion.
Mammoth Solar, a/k/a Starke Solar LLC v. Connie Ehrlich, Daniel Knebel, Jennifer Knebel, John Masterson, Larry Lambert, Gail Lambert, Keith Davis, Gale Davis, and Dean Cervenka
21A-PL-2060
Civil plenary. Affirms the Pulaski Superior Court’s order vacating all action taken on Mammoth Solar’s application for a special exception to construct a solar energy farm on 4,511 acres of farmland in Pulaski County and remanding the matter to the Pulaski County Board of Zoning Appeals, which had unanimously approved the application. Finds that petitioners Connie Ehrlich, Daniel and Jennifer Knebel, John and Toni Masterson, Larry and Gail Lambert, Keith and Gale Davis and Dean Cervenka have standing to challenge the BZA’s approval of the application, and they timely transmitted the BZA’s record to the trial court. Also finds the BZA’s approval of the application was arbitrary and capricious. Finally, finds the petitioners have demonstrated they were prejudiced by the BZA’s approval of the application.
Curt Pearman, d/b/a Forest Park-Pearman v. Rande L. Martin and R.L. Martin Associates, Inc., d/b/a Management Recruiters of Richmond (mem. dec.)
21A-CC-759
Civil collections. Affirms the order for Rande L. Martin and R.L. Martin Associates Inc., d/b/a Management Recruiters of Richmond, to pay damages to Curt Pearman, d/b/a Forest Park-Pearman. Finds the Wayne Superior Court did not err when it refused to allow the parties to submit additional evidence to determine damages.
Leobardo Mercado v. State of Indiana (mem. dec.)
21A-PC-2263
Post-conviction. Affirms the denial of Leobardo Mercado’s petition for post-conviction relief. Finds Mercado has not demonstrated that he received ineffective assistance from his trial counsel.
Janell M. Lee v. State of Indiana (mem. dec.)
22A-CR-503
Criminal. Affirms the order for Janell Lee to pay a public defender fee and court costs as part of her sentence for Level 5 felony theft. Finds the Miami Superior Court did not abuse its discretion.
Brandon Lawrence Johnson v. State of Indiana (mem. dec.)
22A-CR-596
Criminal. Affirms the denial of Brandon Johnson’s petition to modify his sentence. Finds the Orange Circuit Court did not abuse its discretion.
In the Matter of the Termination of the Parent-Child Relationship of L.G. (Minor Child); C.R. (Mother) and D.G. (Father) v. Indiana Department of Child Services (mem. dec.)
22A-JT-711
Juvenile termination of parental rights. Affirms the termination of mother C.R. and father D.G.’s parental rights to L.G. Finds the Huntington Circuit Court’s conclusions are not clearly erroneous.
Autumn Purtlebaugh v. State of Indiana (mem. dec.)
22A-CR-792
Criminal. Affirms Autumn Purtlebaugh’s enhanced sentence of four years, with 2½ years suspended to probation, for her conviction of Level 5 felony battery resulting in bodily injury to a pregnant woman. Finds the record supported another aggravating factor.
Gerardo Ruiz-Aviles v. State of Indiana (mem. dec.)
22A-CR-855
Criminal. Affirms Gerardo Ruiz-Aviles’ conviction of murder and sentence to 60 years. Finds sufficient evidence to support the conviction. Also finds the sentence is not inappropriate.
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