The 7th Circuit Court of Appeals, Indiana Supreme Court and Indiana Tax Court had no opinions at IL deadline.
Indiana Court of Appeals
Melanie
Webster v. Walgreen Co.
55A01-1110-CT-442
Civil. Affirms judgment of trial court denying motion to amend the filing date of a complaint against Walgreen in order to
comply with the statute of limitations. The appellate court held that “mailing” for purposes of the Indiana Trial
Rules requires the sender to affix sufficient postage, and since that didn’t happen here the original complaint was
untimely.
Calvin
Hair v. Mike Schellenberger and Lawyers Title Ins. Corp., Wells Fargo Bank, N.A., Felix Adejare, and Sharon Adejare
49A02-1107-PL-685
Civil. Affirms trial court’s judgment in a property title dispute in which the court denied Calvin Hair’s motion
for partial summary judgment and granted the appellees' motions for summary judgment. Appellate panel found that Hair’s
judgment was outside the chain of title and that the person who purchased the Talbott Street property in Indianapolis was
a bona fide purchaser as a matter of law.
Mid-Century
Ins. Co. v. Estate of Thomas Lynn Morris, by and through his personal representative, Tommy Lynn Morris, Daemen Sampson, and
Dora Robinson
07A01-1106-PL-313
Civil. Affirms trial court judgment granting an estate’s motion to dismiss a complaint for declaratory judgment filed
by a California-based insurance exchange operation. Holds the trial court didn’t abuse its discretion in granting the
motion to dismiss.
Ronald
Rexroat v. State of Indiana
49A02-1107-CR-594
Criminal. Affirms convictions of two counts of child molesting and finds that they do no violate double jeopardy principles
simply because the pair of charges are worded identically. Appellate court also found that a condition of probation requiring
defendant to have no contact with any person 18 or younger unless first approved is not overbroad and a violation of First
Amendment rights.
Mark
Todisco v. State of Indiana
32A01-1108-CR-393
Criminal. Affirms trial court’s denial of a motion to discharge, finding against defendant who was found guilty by
a jury of Class B misdemeanor disorderly conduct and alleged the state failed to bring him to trial within one year according
to Indiana Criminal Rule 4(C).
In
Re the Term. of the Parent-Child Rel. of D.T. and J.T. v. The Indiana Dept. of Child Services (NFP)
79A04-1108-JT-483
Juvenile. Affirms trial court’s termination of a mother’s parental rights as to her minor child, finding clear
and convincing evidence to support the findings that the conditions that led to the child’s removal will not be remedied
and termination is in the child’s best interest.
Gregory
Hayes v. State of Indiana (NFP)
49A02-1109-CR-848
Criminal. Reverses trial court’s order revoking probation, finding evidence insufficient to support the determination
that defendant violated his probation terms.
In
re the Marriage of: Richard A. Medcalf v. Sheri L. Medcalf (NFP)
32A04-1111-DR-582
Divorce. Reverses trial court’s decision to award attorney fees in a protracted divorce case involving a new parenting
time agreement. Remands for court to hold further proceedings on the fees.
Rex
A. Clark v. State of Indiana (NFP)
03A04-1109-CR-485
Criminal. Affirms sentence of man convicted of Class A misdemeanor resisting law enforcement and Class D felony receiving
stolen auto parts, finding trial court didn’t abuse its discretion in issuing a sentence of nearly 3.5 years and the
penalty is not inappropriate.
Lorraine
Tietjen v. PEP Educational Support, Inc., Turner Marketing, Inc., and Richard P. Turner (NFP)
49A02-1102-PL-152
Civil. Affirms trial court’s judgment in favor of an educational support service and marketing company following a
bench trial involving fraud and breach of contract. Appellate panel finds trial court did not err in its judgment.
In
the Matter of the Involuntary Term. of the Parent-Child Rel. of Ja.B., J.B., J.P., A.P. & C.P.; and R.P. v. Indiana Dept.
of Child Services and Lake Co. CASA (NFP)
45A03-1110-JT-453
Juvenile. Affirms order terminating mother’s parental rights to three children, finding the state DCS provided sufficient
evidence to support the termination.
Ryan
S. Shearer v. State of Indiana (NFP)
92A04-1108-CR-405
Criminal. Affirms sentence for a man convicted of Class B felony sexual misconduct with a minor, where the trial court sentenced
him to an advisory 10 years with two years suspended to probation.
Rachel
Ann Ruch v. State of Indiana (NFP)
57A03-1111-CR-498
Criminal. Affirms sentence imposed for Class B felony conviction of dealing in methamphetamine and Class A misdemeanor conviction
of possession of paraphernalia, finding trial court did not err in imposing aggregate 15-year sentence with five years suspended
to probation.
James
Alvarado v. State of Indiana (NFP)
52A02-1110-CR-984
Criminal. Reverses trial court’s revocation of probation on grounds that evidence is insufficient to support findings
that defendant violated his probation.














Never heard of remand to another state. How often does that happen?
I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.