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Opinions Dec. 20, 2019

Indiana Court of Appeals
Jonathan Stanley Belcher v. State of Indiana
19A-CR-00830
Criminal. Affirms Jonathan Belcher’s guilty but mentally ill convictions for two counts of Level 3 felony aggravated battery and one count each of Class B misdemeanor battery and Class A misdemeanor resisting law enforcement, the finding that he is a habitual offender, and his aggregate 53-year-and-180-day sentence. Finds sufficient evidence that Belcher appreciated the wrongfulness of his actions. Also finds no abuse of discretion at sentencing. Finally, finds the sentence is not inappropriate given the nature of his offenses and his character.

CHINS findings for siblings upheld

| Olivia Covington

The parents of four children who were all adjudicated as children in need of services have lost their appeal of the CHINS determinations, with the Indiana Court of Appeals dismissing arguments claiming error on the part of the trial court and the Department of Child Services.

What’s next in legal drama over the Affordable Care Act?

| Associated Press and IL Staff

The federal appeals court ruling striking down the Affordable Care Act’s requirement that people have health insurance left hanging key questions about what happens to other provisions of the law, like coverage for preexisting conditions. President Barack Obama’s signature health care law remains in legal limbo.

Marion Co. defender Karozos named state public defender

| IL Staff

The Indiana Supreme Court has named Amy Karozos as Indiana’s next state public defender, according to a Friday announcement from the high court. Karozos, currently a Marion County public defender in the juvenile division, has previously served as a project director for the Indiana Public Defender Council.

Opinions Dec. 19, 2019

Indiana Supreme Court
American Consulting, Inc. d/b/a American Structurepoint, Inc. v. Hannum Wagle & Cline Engineering, Inc., d/b/a HWC Engineering, Inc., Marlin A. Knowles, Jr., Jonathan A. Day, David Lancet, et al.
18S-PL-437
Civil plenary. Affirms the Marion Superior Court, finding it properly denied summary judgment on American Structurepoint, Inc.’s claims of tortious interference and that an issue of material fact remains as to whether Marlin Knowles, Jonathan Day and David Lancet tortiously interfered with their ASI contracts. Holds that the liquidated damages provisions are unenforceable penalties. Remands. Justice Geoffrey Slaughter concurs in part, dissents in part with separate opinion in which Justice Mark Massa joins.

COA: Dealing statute not unconstitutionally vague

| Marilyn Odendahl

A Huntington County man who called the local sheriff and said he “was strung out on meth and to come get him and take it all out of his house,” unsuccessfully argued before the Indiana Court of Appeals that the statute under which he was convicted was unconstitutionally vague.