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Opinions June 9, 2015

June 9, 2015

Indiana Supreme Court
State Farm Mutual Automobile Insurance Company v. Kimberly S. Earl and the Estate of Jerry Earl
35S05-1408-CT-562
Civil tort. Affirms admission of Jerry Earl’s uninsured motorist policy limits into evidence at a trial involving State Farm, finding no error given the substantial evidence and correct jury instructions. Declines to create a bright-line rule involving the admission of coverage limits at trial.

Indiana Court of Appeals
Gregory A. Rose v. State of Indiana
20A03-1409-CR-343
Criminal. Affirms convictions of Class A felony child molesting and Class C felony child molesting and 55-year sentence, but remands with instructions for the trial court to attach Rose’s repeat sexual offender enhancement to the sentence imposed on the Class A felony conviction. There was no fundamental error by the trial court in allowing an attorney and judicial candidate to serve on the jury, and there was sufficient evidence to support Rose’s convictions.

Merrillville 2548, Inc. successor to Merrillville GC 2548, Inc.v. BMO Harris Bank N.A. f/k/a Harris N.A., as the assignee of the Federal Deposit Insurance Corporation as the receiver for Amcore Bank
45A03-1409-MF-345
Mortgage foreclosure. CG 2548 preserved its equitable assignment claim for appellate review but failed to establish the trial court erred in finding that equitable assignment of the lease did not occur. The trial court erred in concluding that provisions of Article 9.1 of the Indiana Uniform Commercial Code applied to the leasehold mortgage in this case, and BMO Harris has no right to immediate possession of the parcel. Remands for a sheriff’s sale. Chief Judge Vaidik concurs in part and dissents in part with opinion.

D.B. v. State of Indiana (mem. dec.)
49A02-1410-JV-757
Juvenile. Reverses adjudication for committing what would be Class A misdemeanor carrying a handgun without a license if committed by an adult.

Andrew M. Shaw v. Tera A. Shaw (mem. dec.)
87A04-1411-DR-527
Domestic relation. Affirms grant of mother’s motion to relocate with minor child.

Susan D. Troyer v. Mervin D. Troyer (mem. dec.)
20A04-1409-DR-445
Domestic relation. Affirms order denying mother’s motion for expedited hearing on transfer of school district for minor children.

James K. Chenoweth v. State of Indiana (mem. dec.)
20A04-1410-PC-465
Post conviction. Affirms denial of petition for post-conviction relief.

Sheila R. (Naum) Porter v. Brett T. Naum (mem. dec.)
49A02-1409-DR-623
Domestic relation. Affirms order on custody, emancipation and attorney fees.

Courtney L. Sharp v. State of Indiana (mem. dec.)
05A02-1411-CR-786
Criminal. Affirms sentence following guilty plea to Class C felony possession of cocaine.

Kevin Axton v. State of Indiana (mem. dec.)
27A04-1404-CR-184
Criminal. Affirms sentence for Class C felony criminal confinement, Class A misdemeanor domestic battery, Class D felony intimidation and Class B felony criminal deviate conduct.

Shelben Curtis v. State of Indiana (mem. dec.)
45A03-1410-CR-365
Criminal. Affirms convictions and sentence for Class A felony voluntary manslaughter and Class B felony aggravated battery.

 

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