Opinions Jan. 12, 2024

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Court of Appeals of Indiana
Thomas Stone v. State of Indiana
23A-CR-625
Criminal. Affirms Thomas Stone’s convictions of three counts of Level 3 felony rape. Finds that for two of Stone’s rape convictions, as neither is included in the other, they do not constitute violations of double jeopardy principles.

Erie Insurance Exchange v. Icon, Inc., d/b/a Allure on the Lake, et al. (mem. dec.)
23A-PL-664
Civil plenary. Reverses Porter Superior Court’s grant of partial summary judgment in favor of Icon, d/b/a Allure on Lake, on its complaint for breach of contract. Remands with instruction that the trial court enter partial summary judgment for Erie Insurance and to conduct further proceedings consistent with the opinion.

Marques Bennett v. Holly Wegeng (mem. dec.)
23A-JP-1162
Juvenile paternity. Affirms the Boone Circuit Court’s order suspending Marques Bennett’s parenting time. Finds Bennett agreed to the restriction of his parenting time and therefore the statutory finding is not required. Also finds that sufficient evidence supports the court’s order.

Makayla Dalton v. Timothy Anderson (mem. dec.)
23A-JP-1744
Juvenile paternity. Affirms the Henry Circuit Court’s modification of legal and physical custody of Makayla Dalton’s minor child, A.D., to Timothy Anderson. Finds it cannot say the trial court erred when it concluded that there has been a substantial change in circumstances that have adversely affected Dalton’s ability to be the primary custodian and that modification was in the child’s best interest. Also finds the trial court properly restricted Dalton’s parenting time to virtual visits consistent with the child in need of services order.

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