Opinions April 26, 2011

April 26, 2011

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Wachovia Financial Services, Inc. v. Dune Harbor, LLC, et al.
Mortgage foreclosure. Reverses summary judgment order that a vendor lien was created in favor of and in force for Lefty’s Co-Ho Landing when Wachovia recorded its mortgages, stating that a genuine issue of material fact remains as to whether the lien, if created, was in force. Remands for further proceedings.

Lola Austin v. Indiana Family and Social Services Administration
Miscellaneous. Affirms trial court’s affirmance of Family and Social Services Administration’s imposition of transfer penalty upon Lola Austin’s application for Medicaid nursing home benefits, based upon Austin’s payment of $35,500 to her nephew and his wife, James and Julianne Mack, prior to applying for Medicaid nursing home benefits.

Michael D. Bennett v. State of Indiana (NFP)
Criminal. Affirms sentences for Class D felony resisting law enforcement and Class A misdemeanor driving while suspended.

Term. of Parent-Child Rel. of D.W., et al.; A.W. v. I.D.C.S. (NFP)
Juvenile. Affirms termination of parental rights.

Antonio Dallas Jenkins v. State of Indiana (NFP)
Criminal. Affirms conviction of and sentence for Class B felony dealing in a Schedule III controlled substance.

Timothy Robertson v. State of Indiana (NFP)
Criminal. Affirms order revoking probation and ordering that Timothy Robertson serve two years of his previously suspended sentence.

Earl Wilson v. State of Indiana (NFP)
Post conviction relief petition. Affirms denial of petition for post-conviction relief.

Lyle Tucker v. State of Indiana (NFP)
Criminal. Dismisses as moot Lyle Tucker’s appeal, as Tucker has already served the executed portion of his sentence.

Anthony Scott v. Saundra L. Walden (NFP)
Civil plenary. Affirms order dividing property between Anthony Scott and Saundra Walden and denies Walden’s request for appellate attorney fees.

Jeremiah Farmer v. State of Indiana (NFP)
Criminal. Affirms aggregate 20-year sentence for one count of Class B felony robbery and one count of Class B felony burglary.

Marvin Smith v. State of Indiana (NFP)
Criminal. Affirms sentence for Class D felony battery to a law enforcement officer.

Matter of the Supervised Estate of Mary Mikels (NFP)
Estate, supervised. Affirms order authorizing Jackson County Bank, the personal representative of the estate of Mary Mikels, to sell real property, pay claims, and close the estate.

Walter Wayne Bowles v. Terri E. Bowles (NFP)
Domestic relation. Reverses trial court’s order granting wife’s motion to correct error.

Company v. K.S. and Review Board (NFP)
Civil. Affirms decision of Department of Workforce Development’s Unemployment Insurance Review Board to reinstate unemployment insurance benefits.

Michael P. Heffern v. State of Indiana (NFP)
Criminal. Affirms convictions of felony murder and Class B felony robbery.

Andrew Peters v. State of Indiana (NFP)
Criminal. Affirms order revoking probation and ordering that Andrew Peters serve the remainder of his previously suspended sentence.

Alisha Gentry v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor prostitution.

Term. of Parent-Child Rel. of C.H., et al.; S.H., et al. v. I.D.C.S. (NFP)
Juvenile. Affirms termination of parental rights.

David Griffin v. State of Indiana (NFP)
Criminal. Affirms trial court’s decision to admit into evidence David Griffin’s statement to police. Vacates theft conviction on double jeopardy grounds and remands to trial court to enter judgment accordingly.  

Stephanie Henry v. James Henry (NFP)
Domestic relations. Affirms trial court’s award of custody of the children to maternal grandparents.

Christopher Conwell v. State of Indiana (NFP)
Criminal. Affirms trial court’s admission into evidence of post-arrest statement.

Myron Bernard James v. State of Indiana (NFP)
Criminal. Affirms in absentia sentencing.

Indiana Tax Court had posted no opinions at IL deadline.