Opinions Dec. 7, 2012

December 7, 2012
Back to TopE-mailPrintBookmark and Share

Indiana Court of Appeals
Terry L. Brown v. Tammy S. Brown
Civil plenary. Reverses civil judgment in favor of Terry Brown’s ex-wife. The trial court abused its discretion when it admitted evidence regarding criminal offenses he committed more than 20 years ago. Remands for further proceedings.

Robert Geller and Judy Geller v. Kurt P. Kinney, Holly Kinney, and A.M. Rentals, Inc.
Civil plenary. Affirms judgment in favor of A.M. Rentals Inc. and the trial court’s calculation of damages for the Gellers against the Kinneys. Holds that the exculpatory clause of the lease and management agreement exempts A.M. from liability for its failure to perform its duties to the Gellers under I.C. 25-34.1-10-10(a)(3)(C). Holds that applying the exculpatory clause on these facts is not contrary to public policy. Holds that the trial court’s conclusion that the Gellers’ sale of their home mitigated the Kinneys’ damages to the Gellers is not clearly erroneous. Judge Kirsch dissents.

Verdyer Clark v. State of Indiana
Criminal. Reverses conviction of Class D felony battery. The state did not prove its case because the only evidence it offered to prove Clark was over 18 at the time of the crime was inadmissible hearsay. Remands so that the state may decide whether to retry Clark.

Phillip T. Billingsley v. State of Indiana
Criminal. Affirms conviction of Class D felony possession of marijuana. Holds that based on the totality of the facts and circumstances available to the responding officer at the time he detained Billingsley, the officer initiated an investigatory stop of Billingsley based on a reasonable and articulable suspicion that he was engaged in criminal activity. Accordingly, the trial court did not abuse its discretion when it admitted into evidence marijuana seized following the officer’s detention of Billingsley. Judge Kirsch dissents.
Brenda Varo v. State of Indiana (NFP)
Criminal. Affirms convictions of Class C felony conspiracy to commit battery and Class D felony criminal gang activity.

In Re the Marriage of Lisa L. Shisler and Ned L. Shisler; Ned L. Shisler v. Lisa L. Shisler (NFP)
Domestic relation. Reverses distribution of marital estate and remands for further proceedings.

Vickie Jessie v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A felony criminal deviate conduct and order that Jessie pay $2,090 in restitution to her victim.

Michael R. Krohn v. State of Indiana (NFP)
Criminal. Affirms sentence for Class D felony operating a motor vehicle while intoxicated causing serious bodily injury.

Quinn Nelson v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A felony attempted murder and adjudication as a habitual offender.

Anthony White v. State of Indiana (NFP)
Criminal. Affirms convictions of Class D felony attempted theft and Class A misdemeanor criminal trespass.

Deandre L. Mathews v. State of Indiana (NFP)
Criminal. Affirms conviction of Class B felony burglary.

Andrea Averitte v. State of Indiana (NFP)
Criminal. Affirms conviction of Class C felony forgery.

Michael McClellan v. State of Indiana (NFP)
Criminal. Affirms sentence following conviction of two counts of Class C felony stalking.


Sponsored by
Subscribe to Indiana Lawyer