Indiana Court of Appeals
In the Matter of the Supervised Admin. of the Estate of Cora E. Young, deceased; Terry Douthitt, Kelly Douthitt, and Kevin Douthitt v. Theodore R. Young
Estate, unsupervised. Affirms trial court’s finding that the proceeds of a sale of Cora Young’s property should be distributed to her second husband at her death. Since the property was a specific bequest under Young’s will and was sold before her death, it was adeemed by extinction and therefore the proceeds pass to the residuary beneficiary under her will, which is her second husband.
Gayle Fischer v. Michael and Noel Heymann
Civil plenary. Reverses $93,972.18 in damages to Fischer on her breach of contract claim and orders the court to enter a damage award of $117. Holds that the Heymanns committed an anticipatory breach of the purchase agreement on Feb. 10, 2006; that, given the evidence and the trial court’s findings, Fischer’s duty to mitigate arose on Feb. 11, 2006, when she learned of the Heymanns’ breach; and that Fischer failed to act with reasonable diligence to mitigate her damages at her first opportunity, which was no later than Feb. 18, 2006. The trial court acted within its discretion when it limited Fischer’s award for attorney fees and costs, but orders the court to enter an award for those fees commensurate with Fischer’s recovery on the merits and court costs. Judge Bradford dissents.
Jerome K. Jackson, Jr. v. State of Indiana (NFP)
Post conviction. Reverses denial of petition for post-conviction relief and remands for findings and conclusions on the failure to present an officer’s testimony regarding the validity of a license plate as a claim of ineffective assistance of counsel. Reverses on issue of attorney’s failure to present evidence on the issue of whether children were present at the school at the time of Jackson’s arrest. If court finds the failure to present the officer’s testimony wasn’t ineffective assistance of counsel, directs Jackson receive a new trial on the issue of a statutory defense if the state so chooses.
In the Matter of the Term. of the Parent-Child Rel. of: M.R. and L.P. v. The Indiana Dept. of Child Services (NFP)
Juvenile. Affirms termination of parental rights.
Cody Matthew Fritz v. State of Indiana (NFP)
Criminal. Affirms sentence for Class D felony operating a vehicle while intoxicated with a prior conviction.
James D. Brooks v. State of Indiana (NFP)
Criminal. Affirms conviction and sentence for Class D felony theft.
Larry C. Perry, Jr. v. State of Indiana (NFP)
Criminal. Affirms sentence for Class D felony invasion of privacy.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.