Opinions Sept. 14, 2016

September 14, 2016

Indiana Court of Appeals
Meridian Health Services Corporation v. Thomas Martin Bell

Domestic relation. Affirms trial court’s order finding Meridian Health Services Corporation in contempt of court for failure to comply with a subpoena duces tecum and appear at a deposition and awarding attorney fees as a sanction. The trial court did not abuse its discretion in holding Meridian in contempt.

Jeffrey L. McMahel v. Mary A. Deaton
Civil plenary. Affirms trial court’s order awarding certain property to Mary A. Deaton following her cohabitation with Jeffrey L. McMahel. Finds the Dec. 11, 2015, order is not erroneous. Declines to reconsider holdings from previous cases regarding the equitable remedies available to Indiana Court involving claims by formerly cohabitating persons based upon theories of implied contract and unjust enrichment.

Bayview Loan Servicing, LLC v. Golden Foods, Inc., and Lewis R. Coulter
Miscellaneous. Affirms trial court’s order entering judgment in favor of Golden Foods, Inc. and Lewis Coulter on Bayview Loan Servicing LLC’s mortgage foreclosure claim and Golden Food’s conversion counterclaim. Bayview seeks to have the evidence reweighed and there is sufficient evidence that it intended both the merger and exercise of unauthorized control.

Lamar Crawford v. State of Indiana (mem. dec.)
Post conviction. Affirms trial court’s denial of Lamar Crawford’s petition for post-conviction relief after he was convicted of murder, found to be a habitual offender and sentenced to an aggregate term of 85 years.

G.S. v. T.K. (mem. dec.)
Adoption. Vacates trial court’s grant of T.K.’s petition to adopt G.S.’ son. Finds that the trial court erred by accepting a limited criminal history check for T.K. rather than ordering the required complete criminal history report. Remands to the trial court for consideration in light of a complete background check.

Denise Stone v. State of Indiana (mem. dec.)
Criminal. Affirms Denise Stone’s conviction by jury of theft as a Class A misdemeanor.

Mitchell Maddox v. State of Indiana (mem. dec.)
Criminal. Affirms Mitchell Maddox’s sentence to five years with one year suspended to probation for Level 5 felony carrying a handgun without a license.

Angel Hill v. Bradley S. Bergman (mem. dec.)
Domestic relation. Affirms trial court’s order to grant Angel Hill’s former husband Bradley S. Bergman’s motion to modify custody of their two minor children.

Richard L. Boswell, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms Richard L. Boswell’s convictions and sentences for murder, a felony, and attempted murder, a Class A felony.