7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.
Indiana Supreme Court and Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
Reko
D. Levels v. State of Indiana
82A01-1201-CR-25
Criminal. Reverses convictions of battery and public intoxication as Class B misdemeanors. Levels did not validly waive his
right to a jury trial.
JPMCC
2006-CIBC 14 Eads Parkway, LLC v. DBL Axel, LLC, David Richman, Lynette Gridley, as Trustee of the Hartunian Family Trust
(u/d/t dated November 8, 1989), Black Diamond Realty, LLC, et al.
15A01-1201-PL-23
Civil plenary. Holds that the trial court erred when it denied JPMCC’s motion for summary judgment on DBL’s complaint
for declaratory judgment and when it denied JPMCC’s motion for summary judgment against the guarantors on its claim
for breach of the guaranty with respect to the first two installments of the nuisance award. Affirms the trial court’s
grant of summary judgment for the guarantors on the question of their liability for the balance of the debt and the grant
of summary judgment for DBL on JPMCC’s tort claims. Remands for further proceedings on the amount of the guarantors’
liability to JPMCC.
Mary
Barrix and Joe Barrix, Jr. v. Kristopher Jackson and Graves Plumbing Co. Inc.
28A04-1202-CT-82
Civil tort. Affirms judgment on the evidence against the Barrixes and in favor of Jackson and Graves Plumbing on the Barrixes’
suit for negligence following a car accident. Having thus afforded the trial court no opportunity to rule upon the specific
portions of Dr. Fulton’s testimony that may have been admissible, the Barrixes invited the trial court’s error
and are not entitled to relief. Any error in the trial court’s exclusion of Dr. Fulton’s testimony or the underlying
medical records was harmless and thus not a basis for reversal.
Michael R. Jent v. Fort Wayne Police Department
02A03-1108-MI-388
Miscellaneous. Affirms summary judgment for the police department on Jent’s request for declaratory and injunctive
relief asking the court to compel the Fort Wayne Police Department to disclose requested records. The undisputed evidence
shows that Jent’s request does not identify with reasonable particularity the records he sought.
Michael
K. Curts, Individually and as Personal Representative of the Estate of Dorothy J. Curts, Deceased v. Miller's Health Systems,
Inc. a/k/a Miller's Merry Manor, Logansport, LLC, et al.
09A02-1112-CT-1191
Civil tort. Affirms summary judgment for Miller’s Merry Manor on Michael Curts’ lawsuit for wrongful death, breach
of contract and negligent infliction of emotional distress. Concludes that nurses can potentially have sufficient expertise
to qualify as experts for purposes of the medical standards of care and medical causation, but the nurse in this case does
not qualify. There are no genuine issues of material fact.
In
re the Term. of the Parent--Child Rel. of H.S. and N.S. and S.S. & D.S. v. Indiana Dept. of Child Services (NFP)
79A02-1112-JT-1200
Juvenile termination. Affirms termination of parental rights.
Douglas
C. Holland v. Rising Sun/Ohio County First, Inc., Ohio County, Rising Sun, Quin Min, and Kirk and Michelle Neace (NFP)
58A01-1112-PL-616
Civil plenary. Affirms order denying Holland’s request to quiet title through adverse possession but reforming the
deed in favor of defendants.
Tracy
Lynn Weston, as Personal Representative of the Estate of Clinton Dale Weston, Deceased v. Scott D. Longevin, M.D., and Preferred
Emergency Specialists, Inc. (NFP)
21A01-1112-PL-583
Civil plenary. Reverses grant of Dr. Longevin and Preferred Emergency Specialists’ motion for summary judgment and
remands for further proceedings.
Tondalay
Brown v. State of Indiana (NFP)
79A02-1111-CR-1038
Criminal. Affirms convictions of Class A felony possession of cocaine with intent to deliver and Class A misdemeanor possession
of marijuana.
Joshua
Ellis v. State of Indiana (NFP)
48A04-1203-CR-116
Criminal. Affirms revocation of probation and reinstatement of five years of previously suspended sentence.
Lloyd
W. Mezick v. State of Indiana (NFP)
48A02-1112-CR-1170
Criminal. Affirms sentences for Class C felony nonsupport of a dependent child, Class D felony possession of a controlled
substance, Class D felony intimidation, Class A resisting law enforcement, Class A misdemeanor battery on a police officer
and two counts of Class B misdemeanor public intoxication.
Derek
Dwane Hardy v. State of Indiana (NFP)
02A03-1109-PC-445
Post conviction. Affirms denial of petition for post-conviction relief.
D.J.
v. State of Indiana (NFP)
49A02-1201-JV-29
Juvenile. Affirms adjudication as a delinquent child for committing what would be Class A misdemeanor intimidation if committed
by an adult.
Floor
Mart of Indiana, Inc., Annesse M. Covey, Cherly C. Covey, and William Covey v. Norman Fischer and Julie Fischer (NFP)
45A03-1111-PL-501
Civil plenary. Reverses summary judgment entered in favor of the Fischers on their complaint for fraud. Remands for further
proceedings.
David
M. Craft v. State of Indiana (NFP)
52A05-1203-CR-140
Criminal. Affirms sentence for Class C felony battery resulting in serious injury.
Victor
Salazar v. State of Indiana (NFP)
79A02-1101-PC-150
Post conviction. Affirms denial of petition for post-conviction relief.
Larry
Burns v. State of Indiana (NFP)
45A04-1111-CR-624
Criminal. Affirms conviction of murder.
Danny
K. Peet v. State of Indiana (NFP)
20A05-1203-CR-185
Criminal. Affirms revocation of probation.
Vernon
L. Mefford v. Lori Little and Jason McCord (NFP)
53A01-1110-SC-495
Small claims. Affirms judgment in favor of Little and McCord on Mefford’s claim for damages resulting from a breach
of a lease of residential real estate.
Term.
of Parent-Child Rel. of C.S., Jr., D.S., and J.S., minor children, and C.S., Sr., father v. Indiana Dept. of Child Services
(NFP)
71A04-1111-JT-641
Juvenile termination. Affirms termination of parental rights.














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.