Opinions Aug. 1, 2013

August 1, 2013

Indiana Court of Appeals
Luxury Townhomes, LLC/LP XXIV, LLC, et al. v. McKinley Properties, Inc. and Kenneth Polsinelli
Mortgage foreclosure. Affirms denial of Luxury’s motion to correct error. Rules that since the trial court already held a hearing, accepted the receiver’s final report and discharged the receiver, the doctrine of res judicata precluded Luxury from filing a separate motion against the receiver.

Keith Ellis v. State of Indiana (NFP)
Criminal. Affirms conviction for Class C felony robbery. Finds the prosecutor’s comments about Ellis’ decision to represent him at trial and not to testify did not rise to the level of fundamental error.

Donald R. Green v. State of Indiana (NFP)
Criminal. Affirms conviction for domestic battery as a Class A misdemeanor.