Opinions Dec. 29, 2015

December 29, 2015
KEYWORDS Opinions / neglect

Indiana Court of Appeals
John Barker and Specialty Limos, LLC v. Jason Price
Civil plenary. Reverses in part and affirms in part summary judgment in favor of Price in a contract dispute concerning the sale of a van. The trial court did not err when it concluded Price delivered a valid certificate of title even though the title was not in his name. Reverses summary judgment on the issue of whether a discrepancy in the model year of the van created a material issue. On remand, the court will consider not only the $2,000 deposit agreement but also extrinsic evidence to determine whether the model year of the van was material to their agreement.     

Derrell Woods v. State of Indiana
Post conviction. Reverses denial of amended petition for post-conviction relief. Majority finds Woods did show that his now-deceased defense attorney did not tell him about a plea offer which he would have accepted instead of going to trial. Remands for the court and parties to proceed as if Woods had just received the offer. If he accepts the offer but the trial court rejects it, then Woods will have a new trial. Judge Melissa May dissents, arguing Woods did not meet the burden of proof required to reverse.

Dianna Fargo v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Class D felony theft.

In the Matter of the Termination of the Parent-Child Relationship of: W.M. (Minor Child), and T.O. (Mother) v. Indiana Department of Child Services (mem. dec.)
Juvenile. Affirms termination of parental rights.

Tamarius T. Jennings v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of two counts of Class B felony aiding, inducing or causing armed robbery.

John Taylor v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of murder and Class C felony robbery.

OmniSource Corporation v. Linda K. Fuller and Greg Fuller (mem. dec.)
Civil tort. Affirms denial of the Fullers’ motion for judgment on the evidence.

Chris E. Harkins v. Quick-Cash Pawn, Inc. (mem. dec.)
Small claims. Reverses dismissal of Harkins’ claim and remands for proceedings.