ILNews

Opinions Dec. 12, 2012

December 12, 2012
Keywords
Back to TopE-mailPrintBookmark and Share

Indiana Court of Appeals
Ponziano Construction Services, Inc. v. Quadri Enterprises, LLC
45A05-1112-CC-661
Civil collection. Reverses award of $16,000 to Ponziano on its breach of contract claim against Quadri and the denial of Ponziano’s rquest to foreclose on its mechanic’s lien. Affirms the award of $8,000 in attorney fees to Ponziano and remands with instructions to the trial court to enter judgment in favor of Ponziano for $48,483.43, order sale of the property subject to the $45,549.43 lien, and determine the existence, extent, and outcome of a potential priority dispute between Ponziano and Wells Fargo.

Jason Wilson v. Kelly (Wilson) Myers (NFP)
71A03-1204-DR-153
Domestic relation. Affirms order modifying primary physical custody of the parties’ two children from Wilson to Myers.

Christopher A. Merder v. State of Indiana (NFP)
19A04-1205-CR-229
Criminal. Affirms Merder is not entitled to pretrial credit for time served in Kentucky from May to August 2009, but finds Merder is entitled to pretrial credit for the period from Aug. 6, 2009, to Aug. 14, 2009. Remands for further proceedings.

James Fusco v. State of Indiana (NFP)
54A01-1204-CR-182
Criminal. Reverses sentence following revocation of probation and remands.

Tymon Brown v. State of Indiana (NFP)
49A02-1203-CR-233
Criminal. Affirms conviction of felony murder.

Earl McClendon v. State of Indiana (NFP)
49A04-1206-CR-282
Criminal. Reverses denial of motion requesting the return of a firearm. Remands with instructions.
 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

ADVERTISEMENT