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Nicholas Yrjo Nifadeff v. Historic Landmarks Foundation of Indiana, Inc. d/b/a Indiana Landmarks
No. 25A-PL-2520
Appeal from the LaPorte Circuit Court, Judge Julianne K. Havens. Nicholas Nifadeff appeals the trial court’s judgment for Historic Landmarks Foundation of Indiana, Inc. Following a bench trial, the court concluded that Nifadeff was bound by certain protective covenants for the restoration of a historic property based on representations he made in a 2017 email. However, the court’s ruling was reversed, with the appellate court determining that Nifadeff’s statements did not constitute a “promise” essential for a claim of promissory estoppel. Furthermore, the appellate court held that a prior foreclosure decree relating to the property was res judicata, barring Indiana Landmarks from asserting any rights under the protective covenants. The case is remanded with instructions to enter judgment for Nifadeff. Judge Mathias authored the opinion, with Judges Kenworthy and DeBoer concurring. Appellant’s attorney: Bradley J. Adamsky, Drayton Biege Sirugo & Elliott LLP, La Porte, Indiana. Appellee’s attorneys: Amber M. Neal and Jacob T. Palcic, Barnes & Thornburg LLP, South Bend, Indiana.
Indiana Court of Appeals
Deonta Nelson v. State of Indiana
No. 25A-CR-2898
Appeal from the Marion Superior Court, Judge Marshelle Dawkins Broadwell. Deonta Nelson appeals his conviction of murder, contending that the trial court abused its discretion by admitting surveillance footage. The court affirms, concluding that the testimony surrounding the surveillance system provided adequate authentication under the silent witness theory, as the system was verified to be reliable and unalterable. Additionally, even if the trial court had erred in admitting the footage, any such error was deemed harmless given the overwhelming evidence, including eyewitness accounts and Nelson’s own admissions. Judge May authored the opinion, and Judges Pyle and Scheele concurred. Appellant’s attorney: Christopher Taylor-Price, Marion County Public Defender Agency, Appellate Division, Indianapolis, Indiana. Appellee’s attorney: Office of the Indiana Attorney General.
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