Articles

Opinions March 6, 2023

Court of Appeals of Indiana
Raylu Enterprises, Inc. v. City of Noblesville, Indiana
22A-PL-2243
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.

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Opinions March 3, 2023

Court of Appeals of Indiana
Darin M. Haberkorn v. State of Indiana
22A-CR-2150
Criminal. Affirms Darin Haberkorn’s conviction of Class B misdemeanor harassment. Finds sufficient evidence supports Haberkorn’s harassment conviction. Also finds the Allen Superior Court did not commit fundamental error in instructing the jury.

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Opinions March 1, 2023

Court of Appeals of Indiana
Posterity Scholar House, LP v. FCCI Insurance Company
21A-PL-2731
Civil plenary. Affirms the Allen Superior Court’s grant of FCCI Insurance Company’s motion for partial summary judgment as to Posterity Scholar House’s tortious bad faith claim. Finds the relationship between a surety and its bond obligee does not reflect the “special relationship” on which the Indiana Supreme Court relied in Erie Ins. Co. v. Hickman, 622 N.E.2d 515 (Ind. 1993). Dismisses Posterity’s appeal of the trial court’s denial of its motion for partial summary judgment as to its breach of contract claim. Finds the Court of Appeals lacks jurisdiction over the breach of contract appeal.

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Opinions Feb. 28, 2023

Indiana Supreme Court
Charlie D. Leshore, Jr. v. State of Indiana
23S-CR-51
Criminal. Grants transfer and reverses the denial of Charlie Leshore’s post-conviction petition for permission to file a belated notice of appeal. Finds Leshore was not at fault in failing to file a timely notice of appeal. Also finds Leshore was diligent in pursuing his belated notice of appeal. Remands with instructions to let Leshore’s appeal proceed. Justice Christopher Goff dissents with separate opinion, joined by Justice Geoffrey Slaughter.

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