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Opinions April 25, 2012

April 25, 2012
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7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals

John Ludack v. State of Indiana
49A02-1109-CR-930
Criminal. Affirms convictions of and aggregate 130-year sentence for two counts of Class A felony child molesting and being a habitual offender. Defense counsel, by first asking the detective whether Ludack had admitted the allegations of child molestation during the interview, opened the door to the detective’s testimony that Ludack neither admitted nor denied the allegations of child molesting and just asked to stop speaking. Ludack also failed to prove his sentence is inappropriate.

The Kroger Co. v. WC Associates, LLC, as successor in interest to Metro Acquisitions, LLC
49A05-1108-PL-412
Civil plenary. Affirms summary judgment to WC Associates on its breach of contract claim against Kroger over its modifications of a sign and the trial court properly granted WC’s request for sanctions. Reverses summary judgment on WC’s claims of criminal mischief, criminal trespass and criminal conversion. Kroger did not have criminal intent when it modified the sign pylon. Grants WC’s request for appellate attorney fees only relating to the breach of contract claim. Remands for further proceedings.

D.M. v. State of Indiana (NFP)
49A02-1109-JV-885
Juvenile. Affirms adjudication as a delinquent child for carrying a handgun without a license, a Class A misdemeanor if committed by an adult.

Clarence Moore v. State of Indiana (NFP)
49A05-1109-CR-496
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.

Abraham Patterson v. State of Indiana (NFP)
34A02-1110-CR-1005
Criminal. Affirms conviction of Class D felony theft.

Marsha Spurr v. Robert Spurr (NFP)
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2012/april/04251201lmb.pdf
29A04-1108-DR-416
Domestic relation. Reverses denial of Marsha Spurr’s motion to correct error, which challenged the dissolution court’s order determining that daughter, S.S., was emancipated for purposes of determining child support owed by Robert Spurr. Chief Judge Robb dissents. Remands for further proceedings.
 

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