Opinions Dec. 22, 2023

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Court of Appeals of Indiana
Justin Mercer v. Maribel Vega-Jimenez (mem. dec.)
Domestic relations with children. Affirms the Newton Superior Court’s order granting Maribel Vega-Jimenez’s request to modify parenting time. Finds the trial court did not abuse its discretion because it implicitly found modification was in the children’s best interests when it indicated Vega-Jimenez met her burden to modify the parenting time schedule.

William Ballard v. State of Indiana (mem. dec.)
Criminal. Affirms William Ballard’s convictions of murder and Class A misdemeanor domestic battery. Finds Ballard did not establish fundamental error.

Jakobi Matthews v. State of Indiana (mem. dec.)
Criminal. Affirms Jakobi Matthews’ conviction of Class A misdemeanor invasion of privacy. Finds the state presented sufficient evidence to support Matthews’ conviction.

Jeremy Farmer v. State of Indiana (mem. dec.)
Criminal. Affirms Jeremy Farmer’s conviction of murder. Finds there was sufficient evidence to rebut Farmer’s self-defense claim.

Dana M. Moyes v. State of Indiana (mem. dec.)
Criminal. Affirms Dana Moyes’ convictions of two counts of neglect of a dependent as a Level 6 felony and her sentence to consecutive terms of 730 days, with 365 days of each suspended. Finds the Pike Circuit Court did not abuse its discretion when it excluded testimony regarding a family case manager’s termination from the Department of Child Services. Also finds the state presented sufficient evidence to support both of Moyes’ convictions. Finally, finds the trial court did not abuse its discretion when it sentenced Moyes, and her sentence is not inappropriate in light of the nature of the offenses or her character.

Milestone Contractors North, Inc. f/k/a Walsh and Kelly, Inc. v. ReEnergize USA, LLC, d/b/a ReEnergize USA LLC, d/b/a of ReEnergize of Indiana (mem. dec.)
Civil tort. Reverses the Lake Superior Court’s order granting the motion for relief from judgment filed by ReEnergize of Indiana. Finds ReEnergize did not establish grounds for relief under Indiana Trial Rule 60(B)(3).

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