Opinions Jan. 19, 2023

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Court of Appeals of Indiana
David Joseph Guzzo, Robert Glenn Guzzo, and Betty Jo Keller v. Town of St. John, Lake County, Indiana
Civil plenary. Reverses the Lake Superior Court’s judgment denying the Guzzo family 150% of the fair market value of their property in an eminent domain dispute. Finds the trial court erred in interpreting Indiana Code §§ 32-24-4.5-6.2 and -8.  Remands to the trial court with instructions to order the town of St. John to compensate the Guzzos accordingly. Judge Margret Robb dissents with separate opinion.

S.D. v. State of Indiana (mem. dec.)
Juvenile. Affirms S.M.D.’s placement in the Department of Correction. Finds that given the repeated failures of less restrictive means to rehabilitate S.M.D.’s behavior, the St. Joseph Probate Court did not abuse its discretion by granting wardship to the DOC.

Robert Mata v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Robert Mata’s probation. Concludes the Adams Superior Court didn’t abuse its discretion when it ordered Mata to serve 640 days of his previously suspended sentence.

In the Matter of the Termination of the Parent-Child Relationship of J.T. (Minor Child), and K.T. (Mother) and R.T. (Father) v. Indiana Department of Child Services, and Kids’ Voice of Indiana (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of the parental rights of mother K.T. and father R.T. to their, child J.T. Finds the Department of Child Services produced sufficient evidence to support a finding that there is a reasonable probability that the conditions that resulted in J.T.’s removal from and continued placement outside of his parents’ care will not be remedied. Also finds the juvenile court did not clearly err in ruling that termination is in J.T.’s best interests.

David Brian Parish v. State of Indiana (mem. dec.)
Criminal. Affirms the order denying David Parish’s motion to reduce his bail. Finds the Sullivan Circuit Court did not err.

Cody Heaster v. State of Indiana (mem. dec.)
Criminal.  Affirms the Hendricks Superior Court’s denial of Cody Heaster’s motion to suppress evidence found after a search of his hotel room. Finds the dog sniff and warrantless entry did not violate Article 1, Section 11 of the Indiana Constitution.

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