Opinions Jan. 20, 2023

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Court of Appeals of Indiana
Community Construction LLC v. Posterity Scholar House, LP, and BWI Development & Management, Inc.
Civil collections. Affirms summary judgment for Posterity Scholar House LP and BWI Development & Management Inc. in a dispute with Community Construction LLC. Finds the designated evidence shows there is no genuine issue as to any material fact on the claims and counterclaims for which Posterity and BWI-DAM sought summary judgment, so they are entitled to judgment as a matter of law on Community’s complaint and on liability issues associated with the breach of contract and accounting counts of the counterclaim.

Russell G. Finnegan v. State of Indiana (mem. dec.)
Criminal. Affirms Russell G. Finnegan’s conviction of Level 5 felony intimidation of a judicial officer. Finds Finnegan was not entitled to any further relief under Criminal Rule 4, as his request for discharge under Rule 4(B) became moot once the Pulaski Superior Court released him on his own recognizance, and the state brought him to trial within the time mandated by Rule 4(C). Also finds the state did not violate Finnegan’s right to a speedy trial guaranteed by both the United States Constitution and the Indiana Constitution. 

Eric D. Dycus v. State of Indiana (mem. dec.)
Criminal. Affirms Eric Dycus’ conviction of battery resulting in bodily injury as a Class A misdemeanor. Finds the state presented sufficient evidence to rebut Dycus’ self-defense claim.

In the Matter of the Adoption of L.B., R.B. v. B.P. (mem. dec.)
Adoption. Affirms the grant of stepfather B.P.’s petition to adopt L.B. Finds father R.B.’s consent to the adoption was not necessary.

James Charles Lockridge v. State of Indiana (mem. dec.)
Criminal. Affirms James Charles Lockridge’s convictions of Level 6 felony domestic battery committed in the presence of a child less than 16 years old and Class A misdemeanor theft. Finds the instruction to continue deliberations after the jury reported it was at an impasse did not constitute fundamental error because the instruction did not violate any basic principle of justice or present the potential for substantial harm.

John D. Akers, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of John D. Akers Jr.’s probation. Finds the Vigo Superior Court did not abuse its discretion by revoking Akers’ probation and ordering him to serve the balance of his suspended sentence incarcerated.

Robert Griffin v. State of Indiana (mem. dec.)
Criminal. Affirms Robert Griffin’s conviction of Class A misdemeanor home improvement fraud. Finds the state presented sufficient evidence for a factfinder to infer Griffin committed Class A misdemeanor home improvement fraud.

In the Matter of the Termination of the Parent-Child Relationship of J.B. (Minor Child) and D.B. (Mother) v. Indiana Department of Child Services and Kids’ Voice of Indiana (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of mother D.B.’s parental rights to J.B. Finds the Department of Child Services did not fail to make reasonable efforts to reunify D.B. with J.B. Also finds the juvenile court’s findings support its conclusion that there was not a reasonable probability that the conditions that resulted in J.B.’s removal from D.B.’s care would be remedied. Finally, finds the juvenile court’s determination that termination of D.B.’s parental rights is in J.B.’s best interests is supported by sufficient evidence.

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