Opinions Feb. 14, 2023

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Court of Appeals of Indiana
Darleana Johnson v. Housing Authority of South Bend
Eviction. Reverses the order evicting Darleana Johnson. Finds the ejectment statute does not apply to the instant matter. Also finds Johnson was deprived of her constitutional right to due process. Remands for further proceedings.

Darleana Johnson v. Housing Authority of South Bend (mem. dec.)
Eviction. Dismisses Darleana Johnson’s appeal of the damages that the small claims court awarded as a consequence of a final possession order that was reversed in a separate opinion. Finds the Court of Appeals cannot meaningfully review a damages award predicated on a liability that no longer stands.

Patricia A. Voltz and Megan E. Cecil, Co-Personal Representatives of the Estate of Wallace L. Cecil, Deceased v. Park Place Christian Community of St. John, Inc., d/b/a Park Place of St. John, and Symbria Rehab, Inc., d/b/a Alliance Rehab, Inc. (mem. dec.)
Civil tort. Affirms the entry of summary judgment in favor of Park Place of St. John and Symbria Rehab in a dispute with Patricia Voltz and Megan Cecil. Finds there is no genuine issue of fact created by the designated evidence.

Peydon L. Bennett v. State of Indiana (mem. dec.)
Criminal. Affirms Peydon Bennett’s convictions of three counts of child molesting and his aggregate 40-year sentence, with five years suspended. Finds the evidence was sufficient to support the convictions. Also finds the sentence is not inappropriate.

In re the Termination of the Parent-Child Relationship of J.B. (Minor Child) and W.B. (Father) W.B. (Father) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of father W.B.’s parental rights to J.B. Finds the Posey Superior Court did not err when it concluded there is a reasonable probability that the conditions leading to J.B.’s removal will not be remedied. Also finds the totality of the evidence supports the trial court’s conclusion that termination of W.B.’s parental rights is in J.B.’s best interests.

Perry O. Jones v. State of Indiana (mem. dec.)
Post-conviction. Affirms the denial of Perry Jones’ petition for post-conviction relief. Finds the post-conviction court did not err in finding that the state sufficiently proved Jones’ 24-year delay in filing his PCR petition was unreasonable, or in finding that the state sufficiently proved it was prejudiced by that unreasonable delay.

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