Court opinions

Indiana Court of Appeals
IPL Industrial Group, et al. v. Indianapolis Power and Light Company, et al.
20A-EX-800
Agency. Affirms the Indiana Utility Regulatory Commission’s order approving Indianapolis Power & Light Company’s proposed plan involving $1.2 billion in system investments over a seven-year period. Holds that the commission properly admitted IPL’s work papers by administrative notice; the commission properly determined that the costs of the eligible improvements included in the Proposed Plan are justified by their incremental benefits; and the commission’s findings are sufficiently specific to enable appellate review of its decision.

Indiana Court of Appeals
State of Indiana v. Justin Jones
20A-CR-00664
Criminal. Affirms the Marion Superior Court’s order that the state produce a confidential informant for an interview with Justin Jones’ counsel. Finds that the state did not meet its burden to demonstrate that the CI’s identity would be revealed. Concludes that the trial court did not abuse its discretion when it granted Jones’ motion to compel.

Indiana Court of Appeals
Nathan Kluger and Laura Kluger v J.J.P. Enterprises, Inc. d/b/a SERVPRO of North Lexington
20A-PL-235
Civil plenary. Reverses the grant of partial summary judgment in favor of J.J.P. Enterprises Inc. d/b/a Servpro of North Lexington and against Nathan and Laura Kluger. Finds that the $150 contract-price threshold under Indiana’s Home Improvement Contracts Act has been satisfied as a matter of law in this instance, so the Posey Circuit Court erred in granting Servpro’s motion for partial summary judgment. Remands with instructions that the trial court enter partial summary judgment in the Klugers’ favor and to conduct further proceedings consistent with the opinion.

Indiana Court of Appeals
Jerome W. Gibbs v. State of Indiana
20A-CR-770
Criminal. Reverses Jerome Gibbs’ Level 5 felony conviction and remands the matter to the Marion Superior Court with instructions to enter a conviction and sentence for Class A misdemeanor domestic battery. Finds that the evidence that Gibbs was Tonja Smith’s boyfriend and that he was with her while she was on her scooter was an insufficient basis on which to conclude Gibbs voluntarily assumed care of Smith.

Indiana Court of Appeals
Matthew S. Reed v. State of Indiana (mem. dec.)
20A-CR-354
Criminal. Affirms Matthew Reed’s convictions for 10 counts of Level 1 felony child molesting. Finds the Whitley Circuit Court properly admitted Detective Lorrie Freiburger’s testimony and the photograph of the anal lubricant. Also finds the evidence was sufficient to sustain Reed’s convictions in Counts VI through X.

Indiana Supreme Court
Indiana Land Trust Company, f/k/a Lake County Trust Company TR #4340 v. XL Investment Properties, LLC and LaPorte County Auditor
20S-MI-62
Miscellaneous. Affirms the LaPorte Superior Court’s denial of Indiana Land Trust Company’s motion to set aside a tax deed related to Trust 4340. Finds that the LaPorte County auditor provided adequate notice and was not required to search its internal records for a better tax sale notice address when the notice sent via certified mail was returned as undeliverable.