Opinions Aug. 19, 2016

August 19, 2016

Indiana Court of Appeals
Amir Basic and Gerard Arthus v. Numan A. Amouri, Mohamad H. Mohajeri, Mohammad Aslam Chaudhry, Adnan Khan, Imdad Zackariya, Mohammad Sirajuddin, Sarah Shaikh, Aijaz Shaikh, Ismail Al-Ani, et al.
Civil plenary. Affirms trial court findings that it lacked subject matter jurisdiction, appellants lacked standing and its decision to quash certain subpoenas in a dispute brought against the imam of the Islamic Society of Michiana Inc., by a Amir Basic, a member of the board of directors and trustees, after he was removed. Finds Basic and Gerard Arthus acted in procedural bad faith. Grants appellees’ request for damages and remands to the trial court for a determination of those damages.

Joshua Perry Cruse v. C.C.
Protective order. Reverses protective order preventing Cruse from contact with his ex-wife except to communicate regarding their children. Majority holds that the evidence was insufficient to prove that Cruse stalked his ex-wife or that his conduct would cause a reasonable person to feel terrorized, frightened, intimidated or threatened. Judge Edward Najam dissents, writing that Cruse’s conduct of confronting his ex-wife’s friend while holding a baseball bat after his son’s baseball game and other behaviors met C.C.’s burden of proof of a preponderance of the evidence.

Jessi Apollos v. State of Indiana
Criminal. Reverses conviction of Class A misdemeanor trespass, finding there is insufficient evidence to support the conviction after Apollos was charged when she failed to leave Andre Francois’ residence, where he had invited her to live. Apollos and Francois both understood that they had agreed that Apollos would live in Francois’ residence in exchange for money and/or childcare services. Remands with instructions to vacate the conviction.

Quintin Mayweather-Brown v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Class B felony burglary.

O'Shun Untha Grace v. State of Indiana (mem. dec.)
Criminal. Affirms denial of Grace’s motion to correct erroneous sentence.

Nicholas Burchett v. State of Indiana (mem. dec.)
Criminal. Reverses probation revocation, finding additional credit time attributable to a Department of Correction program was omitted from the trial court’s sanction order. Remands for correction.