Indiana Court of Appeals
City of Marion v. London Witte Group, LLC, Chad Seybold, Estate of Michael Y. An, Global Investment Consulting, Inc., and World Enterprise Group, Inc.
Miscellaneous. Affirms in part the Grant Superior Court’s grant of summary judgment in London Witte Group LLC’s favor against the city of Marion on claims for negligence and breach of fiduciary duty. Reverses in part the denial of the motion with respect to the constructive fraud/unjust enrichment claim. Finds the discovery rule bars the negligence and breach claims, and none of the discovery rule exceptions apply. Also finds the two-year statute of limitations should govern the fraud/unjust enrichment claim. Remands with instructions to enter summary judgment in LWG’s favor on the city’s claim for constructive fraud/unjust enrichment.
James Durham v. State of Indiana (mem. dec.)
Post-conviction. Affirms the denial of James Durham’s petition for post-conviction relief. Finds the Vanderburgh Circuit Court did not err by denying him a hearing and post-conviction relief. Also finds Durham waived his argument that his appellate counsel was ineffective. Finally, finds Durham failed to establish his trial counsel was ineffective.
Devin Lamont Sanders v. State of Indiana (mem. dec.)
Criminal. Affirms Devin Lamont Sander’s conviction for two counts of intimidation as Level 6 felonies, one count of resisting law enforcement as a Class A misdemeanor and one count of criminal trespass as a Class A misdemeanor. Finds the Tippecanoe Superior Court did not abuse its discretion by not discussing the possibility of standby counsel with Sanders. Also finds the evidence was sufficient to support the conviction.
John Gates v. State of Indiana (mem. dec.)
Miscellaneous. Affirms the denial of John Gates’ petition for post-conviction relief. Finds the Henry Circuit Court did not err when it granted the state’s motion for summary disposition, thereby denying Gates’ petition for post-conviction relief.
Jesse Doyle, Jr. v. State of Indiana (mem. dec.)
Post-conviction. Affirms the denial of Jesse Doyle’s petition for post-conviction relief. Finds Doyle failed to prove his trial counsel was ineffective. Also finds the Dearborn Circuit Court did not err in denying post-conviction relief.