Opinions Sept. 10, 2018

Keywords Opinions

Indiana Court of Appeals
Jeremy Schmitt v. State of Indiana

Criminal. Reverses the Vermillion Circuit Court’s denial of Jeremy Schmitt’s petition to modify his 50-year sentence for Class A felony conspiracy to commit murder. Finds prosecutorial consent was not required for Schmitt’s petition filed after 2015. Also finds that petitions filed for modification do not count toward the two petitions a petitioner can file without prosecutorial consent under the 2015 amendment made to Indiana Code section 35-38-1-17. Remands for the trial court to review Schmitt’s petition based on its merits, not for abuse of discretion.

City of Charlestown, Indiana, et al. v. Charlestown Pleasant Ridge Neighborhood Association Corporation, Joshua Craven, Tina Barnes, David and Ellen Keith, and Bolder Properties, LLC
Civil tort. Reverses a special judge’s order finding the City of Charlestown and the Charlestown Board of Public Works and Safety is not required to follow the Indiana Unsafe Building Law, and the grant of a preliminary injunction against the city’s practice of enforcing its property maintenance code. Finds the Clark Circuit Court clearly erred in finding the city is not required to follow the UBL. Remands for the trial court to consider how the UBL and PMC work together and to reconsider the cross-appellant homeowners’ claims that the city’s enforcement of the PMC violates the UBL.

Al Seng v. Indiana-American Water Co., Inc. (mem. dec.)
Civil collection. Affirms the Lake Superior Court’s grant of summary judgment in favor of Indiana-American Water Co., Inc. (IAWC). Finds the trial court did not err in granting summary judgment to IAWC or in denying Al Seng’s motion to correct error.

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