Indiana Court of Appeals
Bay Colony Civic Corporation v. Pearl Gasper Trust and Bruce F. Waller
Civil plenary. Reverses trial court ruling in favor of Gasper and Waller, holding that a public easement to a reservoir also grants access to the water and not just to the land adjacent to the water, and that a neighborhood association did not violate its bylaws by spending money to improve access to the lake for residents. Remands to the trial court to grant the association’s motion for partial summary judgment.
In the Matter of the Support of B.J.R.: B.J.R., by next friend, R.J.C. v. C.J.R., Sr.
Reciprocal support. Affirms court order reducing a father’s child support payment that had been ordered by a Pennsylvania court. The panel held that sufficient evidence was presented to establish that either the father’s circumstances had changed so substantially as to make continuing terms unreasonable, or that the order differs by more than 20 percent from what would be ordered under Indiana’s child support guidelines.
John Brewer v. Cathy Jo Bowman (NFP)
Civil tort. Affirms trial court’s ruling that an automobile was a valid inter vivos gift to Bowman.
Town of Clarksville, Indiana v. Chris Conte and Mary Ann Conte (NFP)
Civil tort. Vacated the judgment of the trial court and remanded with instructions. Ruled the trial court’s findings were not sufficient to support the judgment that the town had a duty, it breached that duty, the Contes’ injury was caused by the town’s breach, and the damages of $28,644.47 with post-judgment interest of 8 percent were appropriate.
In Re The Guardianship of J.M.: Christina M. Martin (Kibalko) v. William P. Hitch and Georgia L. Hitch (NFP)
Guardianship. Affirms the trial court’s denial of the mother’s petition to terminate the guardianship. Reverses and remands with instructions the trial court’s order that the mother reimburse the guardians for $1,000 paid to the guardian ad litem.
Mark A. Salisbury v. State of Indiana (NFP)
Post conviction. Affirms the post-conviction court’s finding that Salisbury’s plea was knowingly, intelligently, and voluntarily entered into because he had effective assistance of trial counsel.
Gregory Leech v. State of Indiana (NFP)
Criminal. Affirms convictions of trespass, a Class A misdemeanor; and battery, a Class B misdemeanor.
Martin Reyes v. State of Indiana (NFP)
Post conviction. Affirms post-conviction court’s denial of Reyes’ request for post-conviction relief on the grounds his trial counsel was effective.
Dustin James Mahler v. State of Indiana (NFP)
Criminal. Affirms conviction of battery, Class A misdemeanor. Ruled the incomplete jury instruction defining Class A misdemeanor battery did not result in fundamental error.
Darvin McCallister v. State of Indiana (NFP)
Criminal. Affirms trial court’s denial of McCallister’s motion to set aside his guilty pleas for possession of methamphetamine and possession of a controlled substance, both Class D felonies.
Carlos Ulloa v. State of Indiana (NFP)
Criminal. Affirms convictions of two counts of dealing in cocaine, each as a Class A felony, and one count of dealing in cocaine, as a Class B felony. Finds the trial court did not err in denying Ulloa’s motion for discharge pursuant to Criminal Rule 4(B) when he was not brought to trial within 70 days of his pro se request for a speedy trial.
Term. of the Parent-Child Rel. of D.L., minor child, and D.S., mother: D.S. v. Indiana Dept. of Child Services, and Child Advocates, Inc. (NFP)
Termination of parental rights. Affirms juvenile court’s judgment terminating mother’s parental rights. Finds no error in the lower court’s conclusions that the conditions leading to D.L.’s removal are unlikely to be remedied and the termination of mother’s parental rights is in the minor’s best interests.
Michael Porter v. State of Indiana (NFP)
Criminal. Affirms conviction of operating a vehicle with an alcohol concentration equivalence of 0.08 or more, a Class C misdemeanor.
Indiana Supreme Court and Tax Court released no opinions prior to IL deadline. 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline.