Opinions Jan. 19, 2016

January 19, 2016

Indiana Court of Appeals
Cary R. Coleman v. State of Indiana
Infraction. Reverses speeding infraction, finding the trial court erred in concluding that the altered speed limit established by Lawrence County Ordinance 5-2-1 was effective in the absence of signage giving motorists notice of the altered speed limit.

Amici Resources, LLC and Solid Foundation Investment Properties, Inc. Partnership; Solid Foundation Investment Properties, Inc.; Gary Hippensteel; et al. v. The Alan D. Nelson Living Trust, et al.
Civil plenary. Affirms in part and reverses in part the ruling that both the Alan D. Nelson Living Trust and Amici Resources liens had priority over Sabine Matthies’ lien. Finds the Nelson Trust had priority over Matthies’ lien, but her lien had priority over Amici Resources’ lien. Denies the Nelson Trust’s request for appellate attorney fees. Remands with instructions.

Chauncy Rhodes v. State of Indiana
Criminal. Reverses conviction of Class D felony possession of marijuana with a prior conviction of possession of marijuana. The trial court abused its discretion when it admitted evidence obtained from an inventory search of Rhodes’ vehicle. The police officer’s testimony was insufficient to prove the inventory search performed complied with official police policy. Judge Barnes concurs with separate opinion; Judge Crone dissents with separate opinion.

Hobert C. Lamb v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of Level 6 felony possession of methamphetamine, Class B misdemeanor possession of marijuana, and Class A misdemeanor possession of paraphernalia.

Eric P. Hewitt v. Buckingham Management, LLC (mem. dec.)
Civil plenary. Affirms order granting Buckingham Management immediate prejudgment possession of Hewitt’s apartment.

Shamir Chappell v. State of Indiana (mem. dec.)
Post-conviction. Affirms denial of petition for post-conviction relief.

Paula R. (Brenay), now Hicks v. David C. Brenay (mem. dec.)
Domestic relation. Affirms enforcement of the maintenance provision of the premarital agreement Hicks entered into before she married Brenay.