Opinions Sept. 26, 2022

Keywords Opinions

Court of Appeals of Indiana
Indianapolis Power & Light Company (d/b/a AES Indiana) v. The Home Insurance Co., et al.
Civil plenary. Affirms the order granting The Home Insurance Co.’s motion to dismiss AES Indiana’s request for a declaratory judgment seeking a declaration of its rights and its insurance carrier’s coverage obligation under an excess liability insurance policy. Finds the trial court properly dismissed AES Indiana’s complaint, according full faith and credit to an out-of-state liquidation order pursuant to Indiana Code §§ 27-9-4-3(c) and 27-9-3-12(b).

Brian Wood v. Jacqueline Wood (mem. dec.)
Domestic relations with children. Remands the application of Michigan law to father Brian Wood’s petition to modify his Michigan child support obligation. Finds the Clark Circuit Court should have used Indiana law because his modification request encompassed more than just how long his support obligation would last. Instructs the trial court to apply Indiana substantive law to the child support modification request.

Patrick Joseph Ross v. State of Indiana (mem. dec.)
Criminal. Affirms Patrick Ross’ aggregate 22-year sentence for his convictions of Level 3 felony criminal confinement and Level 5 felony battery resulting in serious bodily injury. Finds the Lake Superior Court acted within its discretion in declining to identify Ross’ alleged mental illness as a mitigating factor. Also finds Ross has failed to prove that his sentence is inappropriate in light of either the nature of his offense or his character.

In Re the Matter of the Involuntary Termination of the Parent-Child Relationship of: N.Y. (Minor Child) and J.Y. (Mother) and C.G. (Father) C.G. (Father) (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of father C.G.’s parental rights to his minor child, N.Y. Finds the Noble Superior Court order terminating C.G.’s parental rights to N.Y. was supported by clear and convincing evidence.

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