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Opinions, June 26, 2017

June 26, 2017

Indiana Court of Appeals
Travis L. Woodruff v. State of Indiana
32A01-1612-CR-2751
Criminal. Affirms the sentencing enhancements of 15 years for being a habitual offender and 10 years for using a firearm. Finds the double enhancements were not applied to the same proof of an “uninterrupted transaction.”

U.S. Bank Trust National Association, as Trustee of the American Homeowner Preservation Trust Series 2013C v. Chester Modesitt and Martha R. Modesitt, et al. (mem. dec.)
61A01-1612-MF-2897
Mortgage Foreclosure. Reverses the trial court denial of U.S. Bank’s motion for leave to amend its complaint. Finds the discovery of new evidence is crucial to determining which lender’s assigned interest was within the proper chain of title and the trial court’s denial bears explanation and reconsideration. Remands for further proceedings.    

Lewis Bradley, Jr. v. State of Indiana (mem. dec)
71A04-1611-CR-2658
Criminal. Affirms Bradley’s conviction of Level 2 felony dealing in cocaine. Remands with instructions to vacate his conviction and one-year sentence for Level 5 felony possession of cocaine.

Antion Hill v. State of Indiana (mem. dec.)
02A03-1610-CR-2440
Criminal. Affirms Hill’s conviction of Level 6 felony domestic battery. Finds the admission of text messages exchanged between the victim and the Fort Wayne/Allen County 911 call center were completely cumulative of the victim’s testimony. Any error in the admission was harmless.

In re the Marriage of: A.V., Sr. v. L.V. (mem. dec.)
49A02-1609-DR-2217
Domestic Relation. Affirms order granting mother primary physical custody of daughter.

Brian W. Andert v. Cynthia M. Carter (mem. dec.)
33A04-1609-SC-2019
Small Claims. Affirms judgment in favor of Cynthia Carter. Finds Carter provided Andert with the legal services promised for the $1,540 charged. Andert failed to carry his burden of proof on his legal malpractice claim.

Betty J. Bynum, Timothy L. Bynum, and Juanita M. Maxwell v. David Short, Veronica Short and Robert Lockhart (mem. dec.)
48A02-1608-PL-1921
Civil Plenary. Affirms summary judgment for the Shorts and Lockhart that they had received an express, valid, appurtenant easement in the 2001 deed.  
 

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