Opinions Oct. 11, 2017

Keywords Opinions

Indiana Supreme Court
Virginia Garwood and Kristen Garwood v. State of Indiana, et al.
Civil tort. Grants transfer for the limited purpose of vacating only the section of the Indiana Court of Appeals opinion that addresses subject matter jurisdiction. Finds a published order issued Feb. 8, 2016, that vacated the case of Garwood v. Indiana Department of State Revenue, 24 N.E.3d 548 (Ind. Tax Ct. 2014), which the Court of Appeals cited in its discussion on jurisdiction, resolved the issue of subject matter jurisdiction based on the parties’ representations at oral argument. Summarily affirms the remainder of the opinion.

Indiana Court of Appeals
Bobick's Pro Shop, Inc. v. 1st Source Bank
Civil tort. Affirms the grant of summary judgment to 1st Source Bank. Finds that because 1st Source acted within its clear rights under an Agreement for Deed in Lieu of Foreclosure when it sold property to itself, it is entitled to judgment as a matter of law on Bobick’s Pro Shop Inc.’s claim of breach of the agreement and criminal fraud.

Town of Cedar Lake, Indiana v. Certain Cedar Lake 2014 Annexation Territory Landowners
Miscellaneous. Affirms the trial court’s decision to set aside the annexation of 2,800 acres in Lake County that the town of Cedar Lake had proposed to annex. Finds that in remonstrance cases, the Indiana Court of Appeals should review the trial court’s ruling for clear error and not evaluate the annexation ordinance for a rational basis. Also finds Cedar Lake has failed to establish the Lake Superior Court employed the wrong legal standard or that its judgment was otherwise clearly erroneous.

Omid Petrelli v. State of Indiana (mem. dec.)
Miscellaneous. Affirms the transfer of $19,740 in cash found pursuant to a search warrant in a suspicious package to the United States. Finds the probable cause affidavit contained an adequate oath to support the issuance of the search warrant, so the search that produced the cash was lawful and the confiscated money was properly subject to the transfer order.

Robert Letcher v. State of Indiana (mem. dec.)
Criminal. Affirms Robert Letcher’s convictions of Level 6 felony sexual battery and Level 6 felony criminal confinement. Finds Letcher’s convictions of Level 6 felony criminal confinement and Class B misdemeanor battery violate the prohibitions against double jeopardy. Also finds the evidence is sufficient to sustain Remands with instructions to vacate Letcher’s convictions of Level 6 felony criminal confinement and Class B misdemeanor battery.

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