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Opinions Sept. 23, 2015

September 23, 2015

Indiana Court of Appeals
In the Matter of Term. of the Parent-Child Relationship of: B.H. and S.H., and B.H. and M.B. v. The Ind. Dept. of Child Services
91A02-1504-JT-213
Juvenile. Affirms termination of parental rights. The trial court did not abuse its discretion by denying mother’s last-minute motions to continue termination hearings. There is no reason to conclude mother did not receive a fair hearing. The juvenile court did not err by finding that the termination of the relationship with mother and father is in the best interests of the children. The fact of father’s incarceration is not the sole evidence supporting termination.

Shaun Pierce v. State of Indiana
28A05-1502-CR-57
Criminal. Affirms revocation of probation for conviction of the new Class A misdemeanor crimes of trespass and theft. As the state proved by a preponderance of the evidence that Pierce committed theft and trespass, the trial court did not abuse its discretion by revoking his probation.

In re the Paternity of Makayla Lauren Pickett, Gregg Roberts v. Shonda Pickett
29A02-1501-JP-9
Paternity. Affirms in part, reverses in part and remands a trial court order finding father Gregg Roberts in contempt for failing to pay child support and ordering him to contribute to her college expenses. Affirms findings of facts and conclusions are adequate for judicial review. Affirms order requiring him to pay half of the remaining balance after child’s contribution toward college expenses is applied. Reverses determination that father’s contribution toward college expenses be based on the cost of a private university rather than a public university. Remands with instructions to order father’s obligation toward child’s college expenses be based on the costs of a public university. Also reverses order that father pay child’s college expenses incurred before mother’s motion for college expenses was filed.

Citizens Action Coalition of Indiana, Inc., Save the Valley, Inc., Sierra Club, Inc., and Valley Watch, Inc. v. Duke Energy Indiana, Inc., Indiana Utility Regulatory Commission
93A02-1503-EX-184
Agency action. Affirms in part, reverses in part and remands decisions of the Indiana Utility Regulatory Commission regarding electricity rates and in-service dates for Duke Energy’s Edwardsport coal gasification plant. Affirms IURC ruling that a three-month delay in the plant’s commissioning was not caused by unreasonable actions by Duke, therefore the cost could be calculated to ratepayers. Affirms determination that the plant was partially in service for federal tax purposes before the in-service operational date in the settlement agreement. Reverses determination that the impact of the delay on rates was reasonable, because the IURC erred in considering evidence from orders not in the record. The IURC also erred in failing to reopen the record on remand from the court in a prior appeal. On remand, the IURC should reopen the record and receive additional evidence and issue findings of facts quantifying the impact upon Duke’s proposed rate increase resulting from Duke’s declaration that the plant was partially in service for tax purposes; and on whether the proposed increases were reasonable per I.C. 8-1-8.8-12(d).

Charles Arnold v. State of Indiana (mem. dec.)
49A05-1503-CR-110
Criminal. Affirms convictions of Level 4 felony possession of a firearm by a serious violent felon and Level 5 felony battery by means of a deadly weapon.

In the Matter of the Term. of the Parent-Child Relationship of: G.W.L. IV: G.W.L. III v. The Ind. Dept. of Child Services (mem. dec.)
71A03-1505-JT-428
Juvenile. Affirms termination of parental rights.

Reginald Shirley v. State of Indiana (mem. dec.)

49A04-1412-CR-575
Criminal. Affirms conviction of Class A misdemeanor intimidation.  

Larry T. Bass v. State of Indiana (mem. dec.)
63A01-1502-CR-72
Criminal. Affirms revocation of probation.  

James Jay Green III v. State of Indiana (mem. dec.)
82A01-1411-CR-474
Criminal. Affirms 35-year sentence and convictions of Class A felony dealing methamphetamine and Class B felony possession of methamphetamine.
 

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