Opinions June 10, 2011

June 10, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Liberty Country Club v. Landowners of Country Club Estates Housing Development
Miscellaneous. Affirms summary judgment in favor of the landowners of the housing development, concluding that under the terms of the covenant, Liberty is required to provide potable water to the homeowners in the development.

Brenda Bell v. Grandville Cooperative, Inc., et al.
Civil tort. Reverses summary judgment for Grandville Cooperative and Kirkpatrick Management in Bell’s personal injury negligence action against Grandville. There is a question of fact as to whether Grandville breached its duty to maintain the premises in a reasonably safe condition. Remands for further proceedings.

State of Indiana v. Gerald Foster
Criminal. Affirms grant of Foster’s motion to suppress. Under the totality of the circumstances, the officer’s warrantless entry and in-home arrest of Foster was unreasonable and violated Article I, Section 11 of the Indiana Constitution. The connection between the arrest and the securing of statements discloses near constant interaction and exploitation of the arrest and precludes a finding of attenuation. Judge May concurs in result.

D.D. v. State of Indiana (NFP)
Juvenile. Affirms adjudication of D.D. to be a delinquent child based on true findings for one count of aiding, inducing, or causing rape, and one count of criminal confinement.

Wells Fargo Bank, N.A. v. Reed Hodges, et al. (NFP)
Mortgage foreclosure. Reverses order dismissing Swafford from the bank’s complaint to foreclose on a mortgage executed in favor of the bank’s assignor by Reed and Angelia Hodges. Remands for further proceedings.

Martha Tichenor v. Dana Dodson (NFP)
Protective order. Affirms grant of civil protection order against Tichenor.

Harold L. Tice Jr. v. State of Indiana (NFP)
Criminal. Affirms convictions of sexual misconduct with a minor as a Class C felony and contributing to the delinquency of a minor as a Class A misdemeanor.

Walter L. Walker v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony pointing a firearm.

Matthew Fearnow v. State of Indiana (NFP)
Criminal. Reverses denial of request for permission to file a belated notice of appeal. Remands for further proceedings.

Leland Stephens v. State of Indiana (NFP)
Criminal. Affirms sentence for Class D felony theft.

Indiana Tax Court had posted no opinions at IL deadline.


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