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Opinions June 11, 2015

June 11, 2015

Indiana Court of Appeals
Michael R. Bixeman and Doreen Bixeman v. Hunter's Run Homeowners Association of St. John, Inc.
45A03-1411-PL-406
Civil plenary. Affirms trial court ruling that the sanction imposed by Hunter’s Run on the Bixemans’ was invalid because the homeowners association did not give the couple the required 10 days notice as outlined in the homeowners’ covenants. Reverses denial of the Bixemans’ claim of slander of title because Hunter’s Run knew the lien placed on their home was invalid but refused to release it. Remands for determination whether the couple was damaged by the slander of title, and if so, to what extent, as well as to enter findings on attorney fees.

Roger D. Levy v. Elizabeth Jackson
29A02-1407-CT-482
Civil tort. Reverses order granting Jackson’s request for a new trial and remands for the trial court to reinstate the jury verdict in favor of Levy on Jackson’s civil negligence action stemming from a car accident. The court’s order failed to comply with Trial Rule 59(J). Judge Robb dissents with separate opinion.

Ian James Dutton v. State of Indiana (mem. dec.)
42A01-1407-CR-325
Criminal. Affirms convictions of Class B felony dealing in a schedule II controlled substance and Class D felony maintaining a common nuisance.
 
Indiana Office of Utility Consumer Counselor v. Southern Indiana Gas and Electric Company, d/b/a Vectren Energy Delivery of Indiana, Inc. (mem. dec.)
93A02-1409-EX-668
Agency action. Affirms determination by the Indiana Utility Regulatory Commission that Vectren is not obliged to reduce its rate recovery for certain infrastructure improvements based on the value of assets it retires from service.

Eric L. Davis, Sr. v. State of Indiana (mem. dec.)
71A03-1410-PC-374
Post conviction. Affirms denial of petition for post-conviction relief.

Keith Brown v. State of Indiana (mem. dec.)
49A02-1411-CR-774
Criminal. Affirms conviction and sentence for felony murder.

Michael Nance v. Ron Neal (mem. dec.)
46A04-1409-MI-460
Miscellaneous. Affirms denial of petition for writ of habeas corpus.

Gary Wilson v. State of Indiana (mem. dec.)
79A02-1410-PC-694
Post conviction. Affirms denial of petition for post-conviction relief.

Jody Meredith v. State of Indiana (mem. dec.)
48A05-1411-CR-544
Criminal. Affirms restitution order after conviction of Class D felony theft.
 

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