Opinions Feb. 7, 2024

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Court of Appeals of Indiana
Donald L. Barriger, Jr., and Dianne Barriger v. The Brown County Board of Health and the Brown County Health Officer (mem. dec.)
22A-PL-2944
Civil plenary. Affirms the Brown Circuit Court’s determination that a second order requiring Dianne and Donald Barriger to clean and repair a piece of real estate in Nashville superseded the first order, was lawfully issued and is therefore enforceable. Finds the Barrigers’ claims are either waived or without merit.

Trevor Xavier Dahl v. State of Indiana (mem. dec.)
23A-CR-1761
Criminal. Dismisses Trevor Xavier Dahl’s appeal of his 40-year aggregate sentence for two counts of Level 1 felony attempted murder. Finds the Hamilton Superior Court sentenced Dahl within the terms of his plea agreement, so he has waived his right to appeal his sentence.

Brent Gregory v. Tatsiana Gregory (mem. dec.)
23A-JP-1801
Juvenile paternity. Affirms the determination that the Belarusian Court had jurisdiction to enter an initial child custody order. Finds the Tippecanoe Circuit Court did not clearly err in deciding to register and enforce the Belarusian Court’s initial custody order.

Marvin McClinton v. State of Indiana (mem. dec.)
23A-CR-1970
Criminal. Affirms Marvin McClinton’s four-year sentence for Level 5 felony intimidation. Finds the Lake Superior Court did not abuse its sentencing discretion.

Amanda and Michael Percifield v. Morgan County Plan Commission (mem. dec.)
23A-MI-2039
Miscellaneous. Affirms the finding that Amanda and Michael Percifield were creating a nuisance on Amy and Myron Harris’ property and the imposition of a $2,000 fine, suspended subject to abatement. Finds the Morgan County Planning Commission presented sufficient evidence to sustain a nuisance finding. Also finds the Percifields have waived their argument that they were denied procedural due process.

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