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Opinions May 26, 2011

May 26, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Jerry French, et al. v. State Farm Fire & Casualty Company
18A02-1005-PL-489
Civil plenary. Affirms the trial court properly denied summary judgment for both parties on the question of whether the insurance policy terms covered the cost of replacing the Frenches’ manufactured home with a stick-built one. Remands with instructions to enter summary judgment in favor of State Farm on the Frenches’ coverage-by-estoppel claim because there is no dispute that coverage exists; to enter summary judgment for the Frenches on the question of reformation of the policy based on mutual mistake of fact and rescission of the policy based on concealment of material facts by the Frenches. Remands for trial on whether State Farm should be liable for the costs of a stick-built home.

Brian Kendrick v. State of Indiana
49A02-1003-CR-300
Criminal. Vacates Kendrick’s two Class C felony feticide convictions on double jeopardy grounds because the evidentiary facts used to establish those convictions established all of the elements of the Class A felony attempted murder conviction. Remands for re-sentencing on the remaining counts. The trial court did not abuse its discretion in finding a witness unavailable for trial. There was no prosecutorial misconduct that would entitle Kendrick to a new trial.

Alaska Seaboard Partners Limited Partnership v. Gerald Hood, et al.
32A01-1010-MF-546
Mortgage foreclosure. Affirms summary judgment in favor of Hendricks County Bank, the McDonalds, and the Boutots and denial of Alaska Seaboard’s cross-motion for summary judgment in Alaska’s mortgage foreclosure action. Alaska’s foreclosure action is barred by the doctrines of collateral and judicial estoppel. Affirms award of attorney fees to Hendricks County Bank, the McDonalds, and the Boutots.

Term. of Parent-Child Rel. of A.A.; R.A. v. IDCS (NFP)
82A05-1011-JT-730
Juvenile. Affirms involuntary termination of parental rights.

Michelle D. Breedlove v. State of Indiana (NFP)
36A04-1011-CR-755
Criminal. Affirms revocation of probation.

Donald E. Bunting v. State of Indiana (NFP)
65A05-1009-CR-575
Criminal. Affirms convictions of Class A felony dealing in methamphetamine and Class C felony possession of at least three grams of methamphetamine.

Term. of Parent-Child Rel. of J.M., et al.; M.M. v. I.D.C.S. (NFP)
71A05-1010-JT-638
Juvenile. Affirms involuntary termination of parental rights.

Daniel R. Penticuff v. State of Indiana (NFP)
30A01-1101-CR-8
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated and in a manner that endangered a person.

Marlon Snead v. State of Indiana (NFP)
45A03-1010-CR-511
Criminal. Affirms conviction of Class D felony residential entry and remands with instructions to re-sentence Snead.

Douglas McCorkle v. Alesia McCorkle (NFP)
30A01-1009-DR-438
Domestic relation. Reverses custody order and remands for a re-determination of custody.

Dennis Mysliwy v. Teresa Mysliwy (NFP)
45A03-1009-PO-548
Protective order. Affirms issuance of protective order against Dennis Mysliwy.

Elysia B. Souders v. State of Indiana (NFP)
53A04-1008-CR-571
Criminal. Affirms conviction of Class D felony theft.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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