7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Indiana Supreme Court and Indiana Tax Court posted no opinions by IL deadline.
Indiana Court of Appeals
Ian McCullough v. State of Indiana
Post-conviction relief. Affirms post-conviction court’s judgment that trial counsel was not ineffective, holding that McCullough failed to carry his burden to show that the evidence as a whole leads unerringly and unmistakably to a conclusion opposite that reached by the post-conviction court.
Wells Fargo Bank, N.A., Successor in interest to The Money Store Investment Corp., f/d/b/a First Union Small Business Capital v. Neal A. Summers, et al.
Civil plenary/rehearing. Reverses prior appellate ruling that complaint was not timely, affirms in part and remands in part, finding that the trial court erred in calculating a judgment of $627,570 in favor of restaurateur Paula Phillips by miscalculating profits against debt. It upheld the judgment on interest expense, salaries, taxes and attorney fees.
Joseph Meizelis v. Dana Durbin and Debra Durbin
Domestic relation. Affirms the trial court properly found that Meizelis lacked a present interest in the Durbins’ farm and could not prevent a settlement between Dana and Debra Durbin. Remands with instructions to strike Meizelis’ lis pendens notice.
Mitzi Bosley v. Niktob, LLC, Design Industries, Inc., Peg Rail, Inc., and Originnovations, Inc.
Civil plenary. Reverses trial court grant of summary judgment in favor of Niktob, holding that the arguments it presented in ejectment court were the same as those presented in another action in environmental court.
Robert Dowell v. State of Indiana
Criminal. Reverses conviction of Class A felony robbery resulting in serious bodily injury. The court gave the jury an additional instruction on accomplice liability without re-reading the rest of the instructions. Remands for a new trial.
Michael Butler and Amanda Butler v. Jerry Hall and Susan Hall (NFP)
Small claims. Affirms trial court judgment in favor of defendants.
Arbie Clay, Jr. v. State of Indiana (NFP)
Criminal. Affirms trial court conviction of Class C felony robbery.
Lloyd E. Lynch v. State of Indiana (NFP)
Criminal. Affirms conviction of Class B felony confinement.
Ayman Eldosougi v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor domestic battery.
K.C., on Behalf of M.C. v. State of Indiana (NFP)
Juvenile. Affirms delinquency order requiring payment of certain fees.
Robert Cruser, III v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony domestic battery.
In the Matter of the Guardianship of Guido Joiko; Kenneth Schaaf v. Fifth Third Bancorp, Guido Joiko, and Geralyn Bradley (NFP)
Guardianship. Affirms trial court ruling that Joiko was of sound mind when he executed a revised trust.
Larry Schine v. State of Indiana (NFP)
Criminal. Affirms in part and remands in part with orders to vacate a conviction of possession of cocaine, which the court ruled violated double jeopardy of a simultaneous conviction of dealing in cocaine.
Term. of Parent-Child Rel. of A.J.-G., Minor Child, and her Mother, S.J.-G.; S.J.-G. v. Indiana Dept. of Child Services (NFP)
Juvenile/termination. Affirms trial court order terminating mother S.J.-G’s parental rights to A.J.-G.
Terry Chanley v. State of Indiana (NFP)
Criminal. Affirms trial court denial of motion for jail time credit.