Opinions Nov. 27, 2023

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Court of Appeals of Indiana
Forty Acre Cooperative and Angela Dawson v. Rita Delliquadri; Larry Gambles; Milton Louis; Deborah L. McCullough; Telisa Sims, individually and in her capacity as the personal representative of the estate of Alton Sims, Sr.; and Brenda J. Thomspon (mem. dec.)
23A-PL-1119
Civil plenary. Affirms the denial of the appellants’ motion for relief from judgment, filed after the Lake Superior Court entered default judgment against them. Finds the trial court did not err.

Michael Copenhaver v. Paula Copenhaver (mem. dec.)
22A-DC-2626
Domestic relations with children. Affirms the Parke Circuit Court’s decree dividing marital debts between Michael and Paula Copenhaver and ordering Michael to pay some of Paula’s attorney fees. Finds the trial court did not err.

Lara Brian v. Regional Innovation and Startup Education d/b/a RISE (mem. dec.)
23A-PL-474
Civil plenary. Reverses the order granting RISE’s motion for summary judgment on Lara Brian’s claim that RISE breached her written employment agreement by terminating her without first obtaining the approval of the board. Finds there is a genuine issue of material fact as to whether the parties intended to enter into a binding contract. Remands for further proceedings. Declines to award appellate attorney fees to RISE.

Harve Hensley v. State of Indiana (mem. dec.)
23A-CR-601
Criminal. Affirms Harve Hensley’s conviction of Level 6 felony forgery and his two-year sentence. Finds the state presented sufficient evidence to support Hensley’s conviction. Also finds his sentence is not inappropriate in light of the nature of his offense and his character.

Jonte Twan Crawford v. State of Indiana (mem. dec.)
23A-PC-1044
Post-conviction relief. Affirms the denial of Jonte Twan Crawford’s petition for post-conviction relief. Finds the Lake Superior Court did not clearly err by concluding Crawford was not prejudiced by his trial counsel’s alleged errors.

Ricardo Civil v. State of Indiana (mem. dec.)
23A-CR-1051
Criminal. Affirms Ricardo Civil’s 37-year sentence for Level 1 felony rape. Finds the Knox Circuit Court did not abuse its discretion in considering B.W.’s injuries as an aggravating factor, and even if it had, Civil has not demonstrated reversible error.

In re the Matter of J.M.G. and S.G. (Children in Need of Services), C.G. (Father) v. Indiana Department of Child Services and CASA — The Voice of Clark County’s Children (mem. dec.)
23A-JC-1768
Juvenile CHINS. Reverses the Clark Circuit Court’s determination that J.M.G. and S.G. were children in need of services. Finds the children did not need care, treatment or rehabilitation that was unlikely to be provided or accepted without the coercive intervention of the court.

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