Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowCourt of Appeals of Indiana
Daniel N. Boggs v. Brenda Kay Williams and First Federal Savings Bank
No. 25A-PL-3279
Appeal from the Huntington Circuit Court, Judge Davin G. Smith. Boggs argued that the court’s order on selection of auctioneer and auction of real estate was improper because it was issued before he could respond, and it did not adequately resolve his claims regarding Brenda Kay Williams’s co-tenant status. The court found that Boggs had not been given the opportunity to contest Williams’s claim of joint tenancy and that the trial court had not followed statutory procedures required for partition actions and reversed and remanded for an additional hearing. Judge Brown authored the opinion, with Judges Altice and DeBoer concurring. Appellant’s attorneys: William A. Ramsey, David C. Pricer, Barrett McNagny LLP, Fort Wayne, Indiana. Appellee Williams’ attorneys: Robert W. Eherenman, Hannah L. Alderks, HallerColvin PC, Fort Wayne, Indiana. Appellee First Federal Savings Bank’s attorneys: J. Blake Hike, Michael C. Ross, Amanda C. Delekta, Carson LLP, Fort Wayne, Indiana.
Court of Appeals of Indiana
Dewayne D. Fellure v. Sara Metcalf
No. 25A-DR-2929
Appeal from the Tippecanoe Superior Court, Judge Steven P. Meyer. Dewayne Fellure (“Father”) appeals the trial court’s child support order regarding his disabled adult daughter, arguing that his obligation ended when she turned 19 without a petition for continued support. The court determined that the daughter was not emancipated due to her incapacity, and thus Father’s support obligation continued even after her 19th birthday. The trial court’s findings were upheld as not clearly erroneous, affirming Father’s child support arrearage and ongoing payment requirements. Chief Judge Tavitas authored the opinion, with Judges Weissmann and Foley concurring. Appellant’s attorney: Cynthia Phillips Smith, Law Office of Cynthia P. Smith, Lafayette, Indiana. Appellee appeared pro se.
Indiana Court of Appeals
Jeremiah Shanks v. State of Indiana
No. 25A-CR-1539
Appeal from the Marion Superior Court, Judge James K. Snyder. Jeremiah Shanks was convicted of murder, armed robbery, and unlawful possession of a firearm following the shooting death of Elijah Martin during a gun deal. He appealed, claiming his convictions for murder and armed robbery constitute double jeopardy. The court agreed, noting that the state failed to rebut the presumption of a double jeopardy violation because both offenses stemmed from a single continuous act — the shooting being the force element in the robbery charge. The court reversed the armed robbery conviction and remanded for its vacation. Judge Scheele authored the opinion, with Judge Felix concurring and Judge Brown dissenting. Brown writes that he would affirm both convictions, finding that murder and robbery are two distinct, chargeable crimes and therefore the continuous crime doctrine does not apply. Appellant’s attorneys: Talisha Griffin, Sarah Medlin, Marion County Public Defender Agency, Indianapolis, Indiana. Appellee’s attorney: Office of the Indiana Attorney General.
This content was created with the assistance of artificial intelligence and has been reviewed by an editor for accuracy.
Please enable JavaScript to view this content.