Opinions Feb. 25, 2020

  • Print
Listen to this story

Subscriber Benefit

As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe Now
This audio file is brought to you by
Loading audio file, please wait.
  • 0.25
  • 0.50
  • 0.75
  • 1.00
  • 1.25
  • 1.50
  • 1.75
  • 2.00

Indiana Court of Appeals
Property MD’s Home Improvement, LLC v. Anthony Grayson and Horizon Bank, N.A. (mem. dec.)
Civil plenary. Affirms the Porter Superior Court’s denial of Property MD’s Home Improvement’s motion to correct error. Finds Property MD’s cited no legal authority in its disjointed argument regarding damages. Finds its argument regarding interest and attorney fees wholly fails to establish that its lien was valid.

Stephen Hahn v. State of Indiana (mem. dec.)
Criminal. Affirms Stephen Hahn’s conviction in Marion Superior Court of Class A misdemeanor operating a vehicle while intoxicated in a manner endangering a person. Finds sufficient evidence to support the conviction.

Jennifer Melissa Milburn v. State of Indiana (mem. dec.)
Criminal. Affirms Jennifer Milburn’s conviction of Class A misdemeanor operating a vehicle while intoxicated endangering a person. Finds evidence of probative value exists from which the St. Jospeph Superior Court as the trier of fact could have found Milburn guilty beyond a reasonable doubt.

T.D. v. A.D. (mem. dec.)
Domestic relation. Affirms the Jasper Circuit Court’s order denying father T.D.’s request to modify custody and the reduction of his parenting time. However, reverses the trial court’s child support award and remands with instructions that it explain the basis for the award or, if necessary, to recalculate T.D.’s child support obligation consistent with the Indiana Child Support Guidelines.

Joshua Allen Wilson v. State of Indiana (mem. dec.)
Criminal. Affirms the sanctions against Joshua Wilson for violating the conditions of his probation. Finds the Grant Superior Court did not abuse its discretion.

David Buck v. Samaron Corporation, et al. (mem. dec.)
Civil plenary. Affirms the Elkhart Superior Court’s ruling in favor of Samaron Corporation and Daniel Holtz against David Buck. Finds the trial court did not err in denying Buck’s motion for summary judgment on the breach-of-contract claims or on the claim that Buck breached a fiduciary duty by retaining insurance proceeds. Finds no failure of proof with respect to damages and that Samaron has not demonstrated it is entitled to all requested fees.

Ryan S. Mader v. State of Indiana (mem. dec.)
Criminal. Affirms the Owen Circuit Court’s determination of credit for actual time served in jail after its decision to revoke Ryan Mader’s probation, as well as its order that he serve nine years of his previously suspended sentence. Finds the trial court did not err in awarding Mader 48 days credit for actual time served. Finds Mader was entitled only to the 48 days and not to an additional 83 days that already had been applied.

Please enable JavaScript to view this content.

{{ articles_remaining }}
Free {{ article_text }} Remaining
{{ articles_remaining }}
Free {{ article_text }} Remaining Article limit resets on
{{ count_down }}