Opinions Feb. 25, 2014

February 25, 2014
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Indiana Court of Appeals
James Kindred, Thomas Kindred, and Sam Kindred v. Betty Townsend and Harmon Crone
Civil plenary. Dismisses interlocutory appeal as untimely. Finds the arguments the Kindreds raised in appealing the denial of their motion to dissolve were based on information that was available when the trial court granted the preliminary injunction six months prior. Still, the COA notes it has ruled only that the Kindreds forfeited their right to an interlocutory appeal by failing to timely file. The Kindreds may yet attack the trial court’s interlocutory orders on appeal from the final judgment.  

John R. Pugsley v. State of Indiana (NFP)  
Criminal. Affirms conviction of Class D felony possession of methamphetamine and Class A misdemeanor possession of paraphernalia.

Derek A. Griffith v. State of Indiana (NFP)
Post conviction. Affirms denial of relief from convictions of Class C felony attempted burglary and finding of habitual offender.

Mark A. Petry v. State of Indiana (NFP) 
Criminal. Affirms conviction of Class B felony criminal deviate conduct, Class D felony sexual battery and Class D felony criminal confinement.

James R. Willey v. State of Indiana (NFP) 
Post conviction. Affirms in part and reverses in part denial of relief from convictions of felony murder and conspiracy to commit burglary, vacating a 50-year sentence on the latter charge because trial counsel failed to raise the argument that the convictions violated the prohibition against double jeopardy.

In Re the Visitation of L.W., D.W. v. G.W. and C.W. (NFP)
Juvenile. Dismisses as moot father D.W.’s appeal of a grandparent visitation order.

Angelo A. Liali v. Patsy Liali (NFP) 
Affirms order denying Angelo Liali’s motion to modify college support obligation and affirms indirect contempt finding for refusal to pay.

Joshua Batchelor v. State of Indiana (NFP) 
Criminal. Affirms order denying release of cash bond and money seized in a search of Batchelor’s home.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.



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