Opinions, Aug. 29, 2022

Keywords Opinions

Court of Appeals of Indiana
David Bugay, et al. v. Jeffrey DeBoy, et al. (mem. dec.)
21A-PL-01667
Civil Plenary. Affirms the Tippecanoe Circuit Court’s judgment in favor of Jeffrey DeBoy and JBC Buildings, Inc. against David Bugay and Rolling Maul, LLC, for $139,601.98. Finds the trial court did not err when it declined to decrease DeBoy’s unjust enrichment award based on construction defects because Bugay had settled his defects crossclaim for $150,000 and dismissed that crossclaim with prejudice. Rules the trial court did not err when it refused to award DeBoy monies for disgorgement of profits from Legacy Sports Club.

ACE Property and Casulty Insurance Company v. Liberty Mutual Insurance Company, Liberty Insurance Corporation, Liberty Mutual Group, Inc., David Burow-Flak, Christopher P. Meyer, and Paul P. Pobereyko, Gateway Arthur, Inc. (mem. dec.)
21A-CT-2467
Civil Tort. Reverses and remands Lake Superior Court’s granting of summary judgment to Liberty Mutual Insurance. Finds Liberty failed to designate evidence establishing as an undisputed material fact that timely notice of the lawsuit filed by Jane Jones was set to ACE Property’s agent and, therefore, to ACE.

Willie G. Maffett v. State of Indiana (mem. dec.)
21A-CR-2909
Criminal. Reverses Willie Maffett’s conviction for Class B misdemeanor battery. Finds because the Vanderburgh Superior Court filed to advise Maffett of the dangers of self-representation, the Court of Appeals could not say the defendant voluntarily, knowingly and intelligently waived his right to counsel. Remands for a new trial.

Jose Luis Santana v. State of Indiana (mem. dec.)
22A-CR-41
Criminal. Dismisses Jose Santana’s appeal of his sentence for two counts of child molesting, both as Class A felonies. Finds Santana’s plea agreement explicitly waived his right to appeal so his appeal.

Jason C. Burkett v. State of Indiana (mem. dec.)
22A-PC-469
Post-conviction. Affirms the denial of Jason Burkett’s petition for post-conviction relief. Finds the only claim that was properly screened and authorized by the trial court for consideration by the successive PCR court, as required by PostConviction Rule 1(12)(b), was Burkett’s claim that the DOC denied him educational credit time.

Joseph L. Randall v. State of Indiana (mem. dec.)
22A-CR-480
Criminal. Affirms Joseph L. Randall’s conviction for Class B misdemeanor possession of marijuana. Finds the state proved Jay County was the venue by preponderance of the evidence.

In the Matter of I.B., E.B., A.B., and M.B. (Children), and F.B. (Mother) v. Indiana Department of Child Services and Kids’ Voice of Indiana (mem. dec.)
22A-JC-585
Juvenile CHINS. Affirms Marion Superior Court’s determination that the children of F.B. are childing in needs of services. Finds the judgment reached by the trial court is not clearly erroneous.

Alan Dean Bivens v. State of Indiana (mem. dec.)
22A-CR-705
Criminal. Affirms the revocation of Alan Dean Bivens’ probation. Finds the Jefferson Circuit Court did not abuse its discretion in revoking Biven’s probation in light of his multiple positive drug tests and ordering him to serve 900 days of his previously suspended sentence.

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