Opinions June 21, 2021

Indiana Court of Appeals  

David K. and Jane A. Burton, et al. v. Board of Zoning Appeals of Madison County, and Lone Oak Solar, LLC
Miscellaneous. Affirms the denial of neighbors David and Jane Burton, Bob and Jean Mills, Curtis and Rebecca Harrison, Kara and Richard Brown, Ross and Katrina Hunter, Joshua Hiday, John Doe and Jane Doe’s petition for judicial review in favor of the Board of Zoning Appeals of Madison County and Lone Oak Solar Energy LLC. Finds the votes of BZA members Mary Jane Baker and Beth VanSickle in favor of Lone Oak were valid and that there was substantial evidence to support Lone Oak’s special use applications and setback variances.

Troy Belk v. State of Indiana (mem. dec.)
Post-conviction. Affirms the denial of Troy Belk’s petition for post-conviction relief. Finds Belk did not prove that his trial counsel failed to convey the state’s offer in the plea agreement. Also finds Belk has not met his burden to demonstrate that the evidence “leads unerringly and unmistakably to a conclusion opposite to that reached by the post-conviction court.”

David B. Wilson v. North Salem Bank, solely in its capacity as Personal Representative of the Estate of Marjorie Bymaster Wilson v. Larry J. Wilson and Susan E. Craft (mem. dec)
Civil collection. Affirms the Putnam Superior Court’s final judgment as to a debt owed to the estate of David Wilson’s mother, Marjorie. Finds that the trial court did not err in denying sibling Larry Wilson’s motion to dismiss, in entering partial summary judgment against Larry as to the principal amount of his debt, or in awarding simple prejudgment interest at the applicable statutory rate of 8% per annum on Larry’s unpaid $61,141.19 principal balance. Remands solely for proceedings to determine whether the debt owed to the estate remains unpaid.

Darrin S. Shinkle v. State of Indiana (mem. dec.)
Criminal. Affirms Darrin Shinkle’s conviction for Level 5 felony burglary. Finds the Allen Superior Court did not abuse its discretion in instructing the jury. Also finds sufficient evidence to support the conviction.

Eric Jenkins v. Keith Whitler (mem. dec.)
Small claims. Affirms the Vanderburgh Superior Court’s ruling in favor of Keith Whitler for $800 plus postjudgment interest and court costs in his action against Eric Jenkins for selling a defective ice machine. Finds that the evidence establishes by a preponderance of the evidence that Whitler and Jenkins entered into an oral agreement for the purchase of the ice machine. Also finds Jenkins waived his argument that Whitler committed perjury and the small claims court failed to acknowledge it. Finally, waiver notwithstanding, finds the small claims court did not err by failing to find that Whitler made false material statements while testifying.

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