Opinions May 17, 2023

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Court of Appeals of Indiana
MEGA OIL, INC., an Illinois Corporation, et al. v. CITATION 2004 INVESTMENT, LLC, a Delaware Limited Liability Company
Miscellaneous. Affirms the Gibson Circuit Court’s grant of partial summary judgment to Citation 2004 Investment LLC. Finds the trial court did not clearly err.

State of Indiana v. The Market Place at State Road 37, LLC, et al. (mem. dec.)
Civil plenary. Reverses the Johnson Superior Court’s determination that The Market Place at State Road 37 could submit evidence related to the condemnation of land and the state’s closure of a nearby intersection. Finds the closure of the intersection is not a taking.

David Edward Jackson v. State of Indiana (mem. dec.)
Criminal. Affirms the Lake Superior Court’s finding that David Jackson violated the terms of his probation. Reverses the trial court’s order that he serve the entirety of his suspended sentence. Finds the trial court was mistaken in concluding that it had no discretion to exercise. Remands for the trial court to determine the appropriate sanction.

Curtis Baker v. State of Indiana (mem. dec.)
Criminal. Affirms the Marion Superior Court’s habitual offender finding for Curtis Baker. Finds that because Baker did not object to a late filing or request a continuance, he waived review of the issue.

Joshua McCarty v. State of Indiana (mem. dec.)
Criminal. Affirms Joshua McCarty’s conviction of Level 6 felony battery on a public safety official. Finds there was sufficient evidence that McCarty knowingly or intentionally touched an officer in a rude, insolent or angry manner while the officer was engaged in his official duties.

Craig S. Thacker v. State of Indiana (mem. dec.)
Criminal. Affirms the Morgan Superior Court’s denial of Craig Thacker’s petition for the appointment of a special prosecutor. Finds Thacker failed to prove the prosecutor has an actual conflict of interest in the prosecution of his two criminal causes, so the trial court did not abuse its discretion in denying his request.

Ashlee A. Trammel v. Jeffery S. Trammel (mem. dec.)
Domestic relations. Affirms the DeKalb Superior Court’s denial of Ashlee Trammel’s petition to modify custody and parenting time. Finds the challenged findings were either supported by the record or superfluous. Also finds Trammel has not shown reversible error in the court’s finding of no substantial change to warrant custody modification. Finally, finds the trial court did not err by adopting many but not all recommendations within Dr. Jenny Seiss’ report, by giving considerable weight to the in-camera interview or by concluding that custody should not be modified.

In the Matter of: D.A. and K.L., Children in Need of Services, H.A. (Mother) v. Indiana Department of Child Services (mem. dec.)
Juvenile CHINS. Affirms the Madison Circuit Court’s order adjudicating D.A. and K.L. as children in need of services. Finds trial court’s finding that mother H.A. and children would benefit from continued services is supported by the evidence, and that finding supported the court’s adjudication of the children as CHINS.

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