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Opinions Aug. 31, 2011 ILD

August 31, 2011
KEYWORDS neglect

Wednesday’s opinions
7th Circuit Court of Appeals had posted no opinions from Indiana courts at IL deadline.


Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Indiana Area Foundation of the United Methodist Church, Inc., d/b/a United Methodist Church, Bishop Michael Coyner, Ann Glass, and Robert Ostermeier v. Lynn Snyder
49A05-1011-CT-715
Civil tort. Reverses denial of the church’s motion for summary judgment on Rev. Snyder’s defamation claim. The church has made a prima facie showing that the trial court erred on this matter because the statements at issue involve Snyder’s fitness for ministry. Affirms summary judgment in favor of the church on Snyder’s breach of contract claim. The trial court couldn’t determine whether he had an enforceable contract without becoming excessively entangled in church doctrine in violation of the First Amendment. Remands for further proceedings.

Naomi Paddock v. Bradley K. Maikranz, et al. (NFP)
82A05-1010-CT-636
Civil tort. Affirms summary judgment for Maikranz and Fifth Third on Paddock’s suit alleging violations of the Indiana Uniform Securities Act, breach of fiduciary duty, and fraud.

Tony Benson v. State of Indiana (NFP)
71A05-1103-CR-90
Criminal. Reveres order granting Benson permission to file a belated notice of appeal and dismisses Benson’s appeal of his sentence.

Richard Swoboda v. Richard Stalbrink, Jr. (NFP)
46A04-1102-CT-39
Civil tort. Affirms summary judgment for Stalbrink Jr. in Swoboda’s claim for legal malpractice.

Aimee Cotton v. State of Indiana (NFP)
15A05-1101-CR-30
Criminal. Affirms conviction of Class D felony neglect of a dependent.

Eqwan Garrett v. State of Indiana (NFP)
49A05-1101-CR-2
Criminal. Affirms convictions of Class B felony possession of a firearm by a serious violent felon and Class D felony pointing a firearm.

Jerry Perry v. State of Indiana (NFP)
49A02-1012-CR-1363
Criminal. Affirms convictions of and sentence for Class B felony burglary, two counts of Class C felony robbery, Class C felony conspiracy to commit robbery, and two counts of Class D felony criminal confinement.

Dohjae Kirkland v. State of Indiana (NFP)
49A02-1101-CR-6
Criminal. Affirms conviction of Class B felony robbery.

Nelson Gary, II v. State of Indiana (NFP)
49A02-1012-CR-1367
Criminal. Affirms convictions of Class B felony arson and three counts of Class C felony criminal confinement.

Term. of Parent-Child Rel. of I.N. and J.T-R.; D.R.N., Jr. v. IDCS (NFP)
20A03-1101-JT-19
Juvenile. Affirms involuntary termination of parental rights.

Steve A. Morrison v. State of Indiana (NFP)
29A02-1012-IF-1337
Infraction. Affirms finding that Morrison committed a Class C infraction of failing to yield the right-of-way to an emergency vehicle.

Melinda Engelking v. John T. Cosby (NFP)
03A01-1101-CC-17
Civil collection. Affirms judgment in favor of Cosby on his claim for breach of a land use agreement.

Richard L. Snider and Sherrie W. Snider v. European Warmblood Imports, Inc., Michael Pedersen and April Pedersen (NFP)
02A04-1009-PL-614
Civil plenary. Affirms denial of the Sniders’ motion to correct error based on newly discovered evidence.

Antonio D. Murillo v. State of Indiana (NFP)
09A05-1011-CR-689
Criminal. Affirms convictions of Class C felony criminal confinement and Class D felony domestic battery.

Jacob J. Cummings v. State of Indiana (NFP)
34A04-1103-CR-103
Criminal. Affirms sentence following guilty plea to Class D felony possession of methamphetamine, Class D felony possession of a syringe, and Class A misdemeanor possession of marijuana.

Donald Klinzman v. State of Indiana (NFP)
49A02-1003-PC-465
Post conviction. Affirms denial of petition for post-conviction relief.

Jermail D. Warren v. State of Indiana (NFP)
20A05-1101-CR-94
Criminal. Affirms convictions of three counts of Class B felony dealing cocaine but reverses application of habitual offender sentencing enhancements to all three counts. Remands for removal of the enhancement from two sentences.  

Danny Grigsby v. State of Indiana (NFP)
49A02-1101-CR-41
Criminal. Affirms conviction of Class D felony theft.

Reo Jon'ta Thompson v. State of Indiana (NFP)
45A03-1012-CR-635
Criminal. Affirms sentence for two counts of murder in the perpetration of robbery.

Indiana Tax Court
Brenda Truedell-Bell v. Marion County Treasurer
49T10-1107-TA-46
Tax. Dismisses appeal. Truedell-Bell’s lack of a final determination from the Indiana Board of Tax Review deprives the Tax Court of subject matter jurisdiction.
 

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