Indiana Court of Appeals
Lydia Lanni v. National Collegiate Athletic Association, et al.
Civil tort. Reverses summary judgment in favor of the NCAA on Lanni’s negligence claim. The trial court abused its discretion when it denied Lanni’s April 20, 2012, motion for alteration of time. It effectively deprived her of a reasonable opportunity to present any material made pertinent to a Trial Rule 56 motion. Affirms denial of Lanni’s motion to strike the affidavit by the NCAA’s fencing championship manager, designated by the NCAA, that the NCAA was not involved in the fencing match where Lanni was injured.
Charles A. Walker v. State of Indiana
Post conviction. Affirms denial of petition for post-conviction relief. Walker was not prejudiced by his trial counsel’s failure to request a directed verdict on the habitual offender count, and he did not receive ineffective assistance from appellate counsel.
Mark L. Jordan v. State of Indiana
Criminal. Reverses denial of petition for relief under Post-Conviction Rule 2, seeking a belated appeal. The denial of the petition without a hearing or specific findings was an error because Jordan was without fault in failing to file a timely notice of appeal in light of his attorney’s terminal illness. Remands for further proceedings.
Gersh Zavodnik v. Brian Richards and NJGOLFMAN.COM a/k/a Savva's Golf Enterprises a/k/a PROGOLFJERSEYCITY@YAHOO.COM and Steve Panayiotov, et al.
Civil collection. Grants rehearing and reaffirms original decision in all respects. Clarifies that although Zavodnik must obtain reinstatement of his original complaints under their original cause numbers, such reinstatement could be ordered by a judge other than Judge Oakes, if Judge Oakes indeed were to recuse himself from any future attempts at reinstatement.
In Re the Matter of: D.L. v. State of Indiana (NFP)
Juvenile. Affirms finding that D.L. committed what would be Class A misdemeanor dangerous possession of a firearm if committed by an adult.
Mary K. Wallskog v. ACS (Affiliated Computer Services), et al. (NFP)
Civil tort. Affirms denial of Wallskog’s motion to correct error, which challenged the dismissal without prejudice of her claim against Jack Hyatte and Xerox Business Services LLC f/k/a Affiliated Computer Services.
S.R. v. R.S.Y. and T.L.Y. (NFP)
Adoption. Affirms adoption of minor by grandparents.
Heather Hill v. Daryl Hill (NFP)
Domestic relation. Affirms order on emancipation.
Paul Reese v. State of Indiana (NFP)
Criminal. Affirms murder conviction and sentence.
In Re: The Paternity of K.S.: M.M. (Mother) v. J.S. (Father) (NFP)
Juvenile. Affirms order awarding father J.S. primary physical custody of K.S.
Freddie L. McKnight, III v. State of Indiana (NFP)
Criminal. Dismisses McKnight’s appeal of the denial of his petition for post-conviction relief.
Tyler E. Burton v. State of Indiana (NFP)
Criminal. Affirms convictions of Class B felony possession of methamphetamine within 1,000 feet of school property, Class D felony maintaining a common nuisance and Class A misdemeanor possession of paraphernalia.
Shawn Tyler Miller v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony criminal confinement.
Xxavier Jones v. State of Indiana (NFP)
Criminal. Affirms in part, reverses in part and remands to the trial court to vacate two of the three robbery convictions and sentences and resentence Jones on only one count of robbery.
Fiona C. Lee v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A felony neglect of a dependent.
In the Matter of the Term.of the Parent-Child Rel. of: N.S. and D.S. v. The Indiana Dept. of Child Services (NFP)
Juvenile. Affirms involuntary termination of father’s parental rights.
Candace Hernton v. State of Indiana (NFP)
Criminal. Affirms convictions of Class A misdemeanor possession of marijuana and Class C misdemeanor failure to stop after an accident not resulting in injury.
Jerry Lee Slisz v. State of Indiana (NFP)
Criminal. Affirms conviction of Class C felony burglary.
Zebulan Hildebrand v. State of Indiana (NFP)
Criminal. Affirms conviction of Class B felony aggravated battery and remands for clarification of the judgment of conviction.
Charles E. Justise, Sr. v. Marion County Jail, Indiana Dept. of Correction, Jerry Huston, Karen Richards, and Stephen Hall (NFP)
Civil plenary. Affirms denial of Justise’s motion for relief from judgment and dismisses the remainder of the appeal.
Thomas Dunigan v. State of Indiana (NFP)
Criminal. Vacates conviction of Class A misdemeanor domestic battery. Affirms convictions of Class A misdemeanor battery and Class D felony domestic battery.
Coriyahvon Lamont Outlaw v. State of Indiana (NFP)
Criminal. Affirms sentence for Class D felony unlawful possession of a legend drug and Class A misdemeanor possession of marijuana.
Term. of the Parent-Child Rel. of: D.F. & H.D. (Minor Children), and J.D. (Mother) v. The Indiana Dept. of Child Services (NFP)
Criminal. Affirms termination of mother’s parental rights.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.