Opinions March 6, 2023

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Court of Appeals of Indiana
Raylu Enterprises, Inc. v. City of Noblesville, Indiana
Civil plenary. Affirms the Hamilton Superior Court decision to grant the city of Noblesville’s motion to strike an inverse-condemnation claim made by Raylu Enterprises Inc. against the city. Finds the trial court did not abuse its discretion in striking Raylu’s inverse-condemnation counterclaim.

Mark William Coleman v. State of Indiana. (mem. dec.)
Criminal. Affirms Mark William Coleman’s conviction in St. Joseph Superior Court of murder. Finds the state presented sufficient evidence to prove that Coleman committed the murder of Nina Sohlke.

Dennis Talbert Ricketts Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms Dennis Talbert Ricketts Jr.’s convictions of Level 4 felony burglary and Class A misdemeanor theft, and his eight-year sentence. Finds sufficient evidence to establish that Ricketts knowingly and intelligently waived his right to a jury trial. Also finds Ricketts has not established fundamental error in his remote sentencing.

Stephen A. Byrd v. Indiana Department of Corrections and Frank Vanihel (mem. dec.)
Small claims. Affirms the Sullivan Superior Court’s dismissal of Stephen A. Byrd’s complaint against the Indiana Department of Correction and Frank Vanihel, the warden of the Wabash Valley Correctional Facility. Finds the DOC is not liable for Byrd’s claimed loss. Also finds Byrd did not seek or exhaust his administrative remedies as to his Indiana Tort Claims Act claim against Vanihel.

Charles Eli Glenn v. State of Indiana (mem. dec.)
Criminal. Reverses the Washington Circuit Court’s denial of Charles Eli Glenn’s request for educational credit time after he earned his GED. while incarcerated in the Washington County Jail prior to his sentencing and remands for a new hearing on the merits of his request. Finds the trial court’s judgment was erroneous, and neither of the concerns raised by the trial court in denying Glenn’s request is consistent with Indiana law.

Ashley Kincaid Eve v. State of Indiana (mem. dec.)
The Court of Appeals’ March 6, 2023, memorandum decision was withdrawn and vacated by order.

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