Opinions Feb. 5, 2020

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Indiana Court of Appeals
Duke Energy Indiana, Llc v. J & J Development LLC
Civil plenary. Reverses the Clark Circuit Court’s grant of summary judgment to J&J Development Company, LLC and against Duke Energy Indiana, LLC. Finds improvements made by J&J within an easement owned by Duke did unreasonably interfere with the easement’s use. Remands for the entry of summary judgment in favor of Duke, including an injunction requiring J & J to remove the challenged improvements.

Alexander Isaiah Garcia-Johnson v. State of Indiana (mem. dec.)
Criminal. Affirms Alexander Garcia-Johnson’s eight-year sentence for conviction of Level 4 felony possession of a firearm by a serious violent felon. Finds the sentence is not inappropriate.

Bobby Price v. State of Indiana (mem. dec.)
Criminal. Affirms Bobby Price’s 10-year sentence for conviction of Level 4 felony possession of methamphetamine. Finds the sentence is not inappropriate in light of the nature of the offense and Price’s character.

Joseph Harrison, III v. State of Indiana (mem. dec.)
Criminal. Affirms the Madison Circuit Court’s order that Joseph Harrison III serve 10 years in the Department of Correction. Finds Harrison did not ask to present any mitigating evidence or argue that he shouldn’t be ordered to serve all 10 years in the DOC. Also finds he did not show why the trial court should have sentenced him to less time. Finds the issue has not been preserved for review.

In the Matter of the Termination of Parental Rights of: Z.C. (Minor Child), and A.C. (Mother) & R.M. (Father) v. The Indiana Department of Child Services (mem. dec.)
Juvenile termination. Affirms the termination of A.C. and R.M.’s parental rights to their child, Z.C. Finds ample evidence establishes that the termination of Mother’s parental rights is in the child’s best interests. Finds evidence supports the trial court’s conclusion that there is no reasonable probability that Father will refrain from criminal behavior and be able to care and provide adequately for child.

Darrell Derringer v. State of Indiana (mem. dec.)
Criminal. Affirms Darrell Derringer’s conviction for Level 6 felony operating a vehicle while intoxicated. Finds the Jay Superior Court did not err in its decision.

Dakota M. Probst v. State of Indiana (mem. dec.)
Criminal. Affirms Dakota Probst’s aggregate five-year sentence for conviction in three separate causes of Level 6 felony criminal confinement, Level 6 felony possession of methamphetamine, and Class A misdemeanor battery. Finds the sentence is not inappropriate in light of the nature of the offenses and his character.

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