Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Samuel Neal, Delores Neal and Hometown Transmissions, Inc. v. William J. Cure, et al.
49A04-0908-CV-468
Civil. Affirms summary judgment for the Cures on the Neals’ claims of environmental contamination under the Environmental
Legal Act, nuisance, trespass, and negligence. The designated evidence does not, in light of the Cures' lack of involvement
in or knowledge of Masterwear’s actions, give rise to a genuine issue of material fact regarding the Cures' liability
for nuisance, trespass, negligence, or an ELA violation.
Estate of Doris P. Jackson, John Cox, et al. v. George R. Jackson, II, et al.
77A04-1005-ES-331
Estate. Affirms order that objectors to a sale of property, who are beneficiaries of the land, post a $100,000 cash bond.
Concludes the trial court didn’t abuse its discretion by ordering a cash bond simply because it might pose a hardship
and be more expensive than another form of surety.
Allied Property and Casualty Ins. v. Linda Good and Randall Good
85A04-0905-CV-240
Civil. Reverses denial of Allied’s motion for summary judgment because misrepresentations on the application for insurance
made Linda Good’s policy void ab initio. Because the uncontradicted evidence indicates Linda misrepresented the Goods’
cancellation history on the application for homeowners insurance and Allied would not have issued the policy if it had known
the truth about their history, the trial court erred by denying Allied’s motion for summary judgment.
Bradley Peaver v. State of Indiana
02A03-1004-PC-255
Post conviction. Affirms denial of petition for post-conviction relief. Peaver can’t prevail on his ineffective assistance
of trial counsel claim. He waived the issue on appeal as to whether the trial court abused its discretion when it admitted
testimony under the Protected Person Statute and there is sufficient evidence to support his conviction of Class C felony
child exploitation.
St. Joseph Hospital v. Richard Cain
02A05-1006-PL-386
Civil plenary. Reverses grant of Fort Wayne Metropolitan Human Rights Commission’s motion to dismiss St. Joseph’s
petition for judicial review of the HRC’s decision for lack of subject matter jurisdiction. Because the trial court
had subject matter jurisdiction over St. Joseph’s unverified petition for judicial review, it improperly granted the
HRC’s motion to dismiss and declined to rule on the other outstanding motions, namely St. Joseph’s motion to amend.
The alleged lack of a quorum, however, was not properly raised in St. Joseph’s motion to dismiss. Remands for consideration
of St. Joseph’s motion to amend.
City of Indianapolis, Metropolitan Development Commission and Indiana Sports Corporation v. Clarke
Kahlo and Howard Elder, et al.
49A05-0912-CV-722
Civil. Affirms the trial court’s grant of summary judgment on the issue of whether Kahlo and Elder have standing, although
on different reasoning, and reverses the denial of summary judgment on the issues of the nature of the 1985 Agreement, the
applicability of Indiana Code Section 36-1-11-3, and whether the execution of the Amendment triggered the buyout provision
in the restrictive covenant of the 1985 Agreement. Remands with instructions for the trial court to enter summary judgment
for the City of Indianapolis and other defendants accordingly.
John P. Donovan v. State of Indiana
71A05-1003-CR-276
Criminal. Affirms conviction of Class D felony auto theft because there is sufficient evidence to support the conviction.
J.B. & J.G. v. State of Indiana (NFP)
18A02-1006-JV-679
Juvenile. Affirms adjudications for committing what would be child molesting as Class C felonies if committed by an adult.
Christopher Brinker v. State of Indiana (NFP)
33A04-1007-CR-433
Criminal. Affirms revocation of probation.
M.N. v. A.N. (NFP)
49A02-1002-DR-152
Domestic relation. Affirms order dissolving the parties’ marriage.
Tyrone A. Saunders v. State of Indiana (NFP)
35A05-0910-PC-607
Post conviction. Affirms denial of petition for post-conviction relief.
Latrina Strader v. State of Indiana (NFP)
49A05-1004-CR-235
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.
Roger Sloan v. State of Indiana (NFP)
49A02-1002-CR-195
Criminal. Affirms conviction of and sentence for Class B felony battery and being a habitual offender.
J.D.S. v. Review Board (NFP)
93A02-1006-EX-698
Civil. Affirms decision of the Review Board in favor M.H. on claims for unemployment benefits.
Term. of Parent-Child Rel. of J.J.; V.B. and K.J. v. I.D.C.S. (NFP)
20A04-1004-JT-226
Juvenile. Affirms termination of parent-child relationship.
MacLellan Integrated Services, Inc.v. Domineck P. Marano, II (NFP)
26A01-1006-CT-296
Civil tort. Affirms denial of MacLellan’s motion for summary judgment in Marano’s negligence action against the
company.
Robert Perry v. State of Indiana (NFP)
71A03-1004-PC-266
Post conviction. Affirms denial of petition for post-conviction relief.
Term. of Parent-Child Rel. of M.Y., et al.; R.W.-S. v. I.D.C.S. (NFP)
45A04-1001-JT-217
Juvenile. Affirms involuntary termination of parental rights.
Tonya Peete v. State of Indiana (NFP)
49A05-1004-CR-220
Criminal. Affirms convictions of two counts of Class A misdemeanor invasion of privacy.
Indiana Tax Court had posted no opinions at IL deadline.














Never heard of remand to another state. How often does that happen?
I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.