Opinions March 24, 2020

Indiana Court of Appeals
In the Matter of the Revocable Trust Agreement Created by the Settlor, Anil Kumar Sarkar, Dipa Sarkar v. Anuradha (“Mili”) Sarkar Naugle
19A-TR-1814
Trust. Affirms the Vigo Superior Court’s findings of facts and conclusions in favor of Anuradha Sarkar Naugle, concluding that the revocable trust was not created in contemplation of death and for the purpose of defeating Dipa Sarkar’s spousal elective share. Finds Dipa cannot satisfy her statutory election to take against the will from the assets in her deceased husband’s inter vivos trust.

Denny W. Zook v. Jennifer E. Zook (mem. dec.)
19A-DN-1248
Domestic relation no children. Affirms the order dissolving Denny Zook’s marriage to Jennifer Zook. Finds the Hamilton Superior Court did not abuse its discretion in denying Denny’s claim for spousal maintenance or in denying his motion to correct error.

John C. Jones v. State of Indiana (mem. dec.)
19A-CR-2161
Criminal. Affirms John Jones’ conviction of Class A misdemeanor possession of marijuana. Finds sufficient evidence to support his conviction and finds Jones has not met his burden to demonstrate fundamental error.

Scott A. Pitcher v. Eugertos B. Zimmerman, Jr. (mem. dec.)
18A-PL-2175
Civil plenary. Affirms an order of the Howard Circuit Court
awarding possession of a backhoe, damages for the loss of use thereof, and attorney fees in favor of Eugeurtos Zimmerman, Jr. Finds the trial court did not err in declining to grant the relief Scott Pitcher sought.

D.W. v. A.W. (mem. dec.)
19A-PO-2451
Protective order. Affirms the denial of D.W.’s motion to correct error after the Hamilton Superior Court granted A.W.’s protective order against D.W.

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