Opinions Feb. 21, 2023

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Court of Appeals of Indiana
Indiana Office of Utility Consumer Counselor, et al. v. Duke Energy Indiana, LLC, and Indiana Utility Regulatory Commission
Agency action. Reverses the Indiana Utility Regulatory Commission’s order concluding that Duke Energy Indiana LLC’s coal-ash-related compliance costs were recoverable under the Federal Mandate Statute. Finds that in so far as the commission granted Duke’s recovery of costs incurred before the date of the commission’s order, the commission failed to follow the prospective strictures of the statute.

Thomas DeCola v. Jeffrey Baker Shane, et al. (mem. dec.)
Civil plenary. Affirms the dismissal of Thomas DeCola’s amended complaint against Jeffrey Baker Shane, Krzysztof Wasowicz and Waclaw Ustupski for failure to state a claim upon which relief can be granted. Finds the Starke Circuit Court properly dismissed the amended complaint.

Evansville MHC, LLC v. K&M Transport, LLC (mem. dec.)
Civil plenary. Affirms the judgment in favor of K&M Transport LLC on Evansville MHC LLC’s claim for trespass. Finds the Vanderburgh Circuit Court did not err when it entered judgment for K&M and MHC’s claim for trespass because Evans implicitly gave K&M permission to come onto her lot so that the sale transaction involving her mobile home could be completed. Also finds the trial court did not abuse its discretion when it denied MHC’s request for a permanent injunction.

Phillip Keck v. State of Indiana (mem. dec.)
Criminal. Affirms Phillip Keck’s convictions of invasion of privacy as a Class A misdemeanor and harassment as a Class B misdemeanor. Finds the Clark Circuit Court did not abuse its discretion by denying Keck’s motion for mistrial.

Rachel Strothman v. State of Indiana (mem. dec.)
Criminal. Affirms Rachel Strothman’s conviction of Class B misdemeanor public intoxication. Finds Strothman’s conviction was supported by sufficient evidence.

Justin M. Henderson v. State of Indiana (mem. dec.)
Criminal. Affirms the denial of Justin Michael Henderson’s oral motion to withdraw his guilty plea and the imposition of a two-year sentence following his plea agreement. Finds the Tippecanoe Superior Court did not abuse its discretion in denying Henderson’s motion to withdraw his guilty plea. Also finds Henderson’s sentence is not inappropriate in light of the nature of the offense and his character.

Susan Lipscomb v. Jason Lipscomb (mem. dec.)
Domestic relations. Affirms the modification of joint legal custody of G.L. and S.L., the children of Susan and Jason Lipscomb, in favor of Jason. Finds the Tippecanoe Circuit Court’s legal custody modification order was not clearly erroneous.

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