Opinions April 6, 2021

Indiana Court of Appeals
The City of Bloomington, et al. v. Andrew Guenther, et al. (mem. dec.)
Miscellaneous. Affirms the denial of the motion to dismiss filed by the city of Bloomington, Mayor John Hamilton, Christopher Cockerham and Nicholas Kappas, which challenged the amended verified complaint for declaratory judgment and writ of quo warranto filed by William Ellis and Andrew Guenther in reference to a Planning Commission appointment. Finds the petitioners have stated sufficient facts to demonstrate that they have standing to bring their complaint for declaratory judgment and request for a writ of quo warranto. Also finds the Monroe Circuit Court did not err in denying the motion to dismiss.

Brandy R. Garner v. State of Indiana (mem. dec.)
Criminal. Dismisses Brandy Garner’s appeal of her four-year aggregate sentence for her convictions in Shelby Circuit Court of Level 5 felony fraud on a financial institution and Level 6 felony theft. Finds Garner’s waiver of her right to appeal her sentence remains a binding term of her plea agreement with the state.

Rodney Rudolph v. State of Indiana (mem. dec.)
Criminal. Affirms Rodney Rudolph’s conviction of one count of misdemeanor battery resulting in bodily injury. Finds the state’s case-in-chief sufficiently rebutted Rudolph’s self-defense claim in Marion Superior Court.

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