Opinions Dec. 1, 2021

Court of Appeals of Indiana
State of Indiana v. Brian Koorsen and Kelly Hoffman
20A-PL-2306
Civil plenary. Reverses the Hamilton Superior Court’s decision that landowners Brian Koorsen and Kelly Hoffman accepted the state of Indiana’s $45,000 settlement offer and were entitled to an additional $171,640.56 in litigation expenses. Finds that because the landowners did not mutually assent to the state’s offer to settle the cause for $45,000, the trial court erred in entering a judgment against the state for $216,640.56. Remands for further proceedings.

J.F. v. Review Board of the Indiana Department of Workforce Development (mem. dec.)
21A-EX-998
Agency action. Affirms the Review Board of the Indiana Department of Workforce Development’s decision that J.F. was not entitled to pandemic unemployment assistance benefits. Finds the decision that J.F. was not a “covered individual” under the CARES Act and was not entitled to pandemic unemployment assistance benefits is supported by substantial evidence.

Keith Junk and Carpenter Ranch Custom Home v. Jesse Rayburn and Amber Rayburn (mem. dec.)
21A-CT-806
Civil tort. Affirms an order from the Jasper Superior Court that Keith Junk pay damages to Jesse and Amber Rayburn in the amount of $28,702.01 for a botched remodeling job on their home, as well as its entry of summary judgment for the Rayburns. Finds Junk has provided cursory arguments on appeal and failed to establish reversible error. Also finds the components of the damage award challenged by Junk are within the scope of the evidence before the trial court.

Andrew Richard Wood v. Jacqueline Sue Wood (mem. dec.)
20A-DC-1561
Domestic relations with children. Affirms the Owen Circuit Court’s order regarding Andrew Wood and Jacqueline Wood’s disputes about the terms of their irrevocable trust for the benefit of their three children. Finds the trial court did not err.

Brandon Nickens v. State of Indiana (mem. dec.)
21A-CR-1032
Criminal. Reverses the Marion Superior Court’s determination of jail credit time for Brandon Nickens following his conviction of attempted robbery resulting in serious bodily injury as a Level 2 felony. Finds that jail time credit is a matter of statutory right, and Nickens was denied pretrial credit time to which he was entitled. Remands for recalculation of Nickens’ credit time.

Logan M. Peters v. State of Indiana (mem. dec.)
21A-CR-1118
Criminal. Affirms Logan Peters’ 820-day executed sentence for conviction of Level 6 felony unlawful possession of a syringe and Class A misdemeanor operating a motor vehicle while intoxicated endangering a person. Finds Peters has not shown that his sentence is inappropriate in light of the nature of the offenses and the character of the offender.

Raeaunna A.S. White v. State of Indiana (mem. dec.)
21A-CR-912
Criminal. Affirms Raeaunna White’s 19-year sentence for convictions of two counts of Level 4 felony operating causing death and two counts of Level 5 felony operating causing serious bodily injury. Finds the St. Joseph Superior did not err in identifying mitigating factors. Also finds the sentence is not inappropriate.

In the Matter of C.C. (Minor Child), Child in Need of Services, W.F. (Grandfather/Guardian), and D.S. (Second Mother) v. Indiana Department of Child Services (mem. dec.)
21A-JC-807
Juvenile CHINS. Affirms the adjudication of minor child C.C. as a child in need of services. Finds the Huntington Circuit Court did not abuse its discretion by admitting the child’s statements to second mother D.C. regarding the incident at issue, pursuant to the excited utterance hearsay exception. Also finds that error, if any, from the admission of the child’s statements to a family case manager was harmless error because substantial independent evidence supports the trial court’s findings of physical abuse and mental injury.

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