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Opinions March 5, 2015

March 5, 2015

Indiana Supreme Court
Kenneth Griesemer v. State of Indiana
49S04-1408-CR-564
Criminal. Affirms conviction of patronizing a prostitute. Finds the undercover detective merely presented Griesemer with an opportunity to patronize a prostitute and there was no inducement and therefore no entrapment. Justices Dickson and Rucker dissent with separate opinion.

Indiana Court of Appeals
In the Matter of the Irrevocable Trust of Mary Ruth Moeder; Susan R. Moeder v. Salin Bank & Trust Company
49A05-1403-TR-142
Trust. Affirms judgment in favor of Salin Bank on its petition to approve an accounting of the trust and to resign as trustee, as well as order that Susan Moeder personally pay $106,001.28 in attorney fees and costs Salin incurred in defending against her objection and claims. Denies the bank’s request for appellate attorney fees. The probate court did not abuse its discretion in granting Salin’s motion for a one-day continuance nor were its findings and conclusions clearly erroneous. It did not err in concluding that Moeder brought or continued to litigate a groundless claim.

Jennifer Harding v. State of Indiana (mem. dec.)
34A02-1408-CR-590
Criminal. Reverses determination of Harding’s credit time after trial court ordered her to serve her suspended sentence. Remands with instructions.

Ted Prather v. State of Indiana (mem. dec.)
29A04-1408-CR-400
Criminal. Affirms conviction of Class C misdemeanor operating while intoxicated.

Alvino Pizano v. State of Indiana (mem. dec.)
45A05-1406-CR-277
Criminal. Affirms denial of Pizano’s motion to remove sexually violent predator designation and motion to remove parole special stipulations Nos. 1, 5 and 10.

Kap Thang v. State of Indiana (mem. dec.)
49A02-1406-CR-393
Criminal. Affirms order revoking community corrections placement.

Aurora Loan Services, LLC v. Gary Brian Plunkitt and Robert Nelson Imbody (mem. dec.)

32A04-1403-MF-104
Mortgage foreclosure. Affirms dismissal of Aurora Loan Services’ complaint against Plunkitt and Imbody seeking to enforce a promissory note on a residential property after Plunkitt defaulted on the note.

Devonne Clayborne v. State of Indiana (mem. dec.)
49A02-1407-CR-508
Criminal. Affirms conviction of Class A misdemeanor battery.

Wynford Jones v. State of Indiana (mem. dec.)
49A02-1407-CR-520
Criminal. Affirms revocation of probation and reinstatement of suspended sentence.

In the Matter of the Termination of the Parent-Child Relationship of, A.R.B., & A.K.B. (Children), and J.B. (Father) v. The Indiana Department of Child Services (mem. dec.)
02A04-1407-JT-348
Juvenile. Affirms termination of father’s parental rights.

Barbara L. Mack (individually) and Barbara L. Mack, Grandmother/Custodian and Next Friend of Jaylan N. Brown, a minor child v. Christine A. Amiott, Harold S. Burchfield, et al. (mem. dec.)
10A01-1405-CT-221
Civil tort. Affirms summary judgment in favor of Safe Auto Insurance that determined Mack’s uninsured motorist claim is barred because it was not filed within the policy’s two-year limitations period for claims arising under the uninsured motorist coverage.

 

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