Opinions March 24, 2023

Indiana Supreme Court

Conroad Associates, L.P. v. Castleton Corner Owners Association, Inc. and McKinley, Inc.
Civil plenary. Affirms the Marion Superior Court’s issuing of a Proceedings Supplemental Order but reverses the court’s issuing of a Satisfaction Order and Vacatur Order. Finds the trial court lacked jurisdiction to issue the Satisfaction Order and the Vacatur Order because each interfered with the subject matter of a pending appeal. Remands for proceedings consistent with this opinion.

Court of Appeals of Indiana

Indianapolis Museum of Art, D/B/A Newfields v. Kathleen Hurley, et al.
Trust. Affirms the Marion Superior Court’s denial of Newfields’ motion for partial summary judgment and grant of the children’s motion for summary judgment. Finds the trial court did not err in establishing a resulting trust.

Krieg DeVault LLP v. WGT V, LLC
Civil plenary. Affirms the Marion Superior Court’s denial of Krieg DeVault’s motion for summary judgment. Finds the designated evidence creates a genuine issue of material fact about whether Krieg was the lawyer for both Gregg Appliances and WGT V. Also finds because Krieg did not demonstrate summary judgment was appropriate on the underlying claim, it could not be entitled on that ground to summary judgment on the claim that derived therefrom. Finally, finds the trial court properly denied summary judgment on Krieg’s summary judgment based on the statute of limitations. Remands for further proceedings. Presiding Judge Terry Crone dissents with separate opinion.

Maurice Shelley v. State of Indiana (mem. dec.)
Criminal. Affirms the Howard Superior Court’s denial of Maurice Shelley’s motion for sentence modification. Finds because Shelley raised the issue to the trial court through counsel, Shelley cannot now be heard to complain that the court’s act of ruling thereon was an error of law. Also finds the trial court did not err when it denied Shelley’s motion without explaining the reasons.

Javyon George-Boatman v. State of Indiana (mem. dec.)
Criminal. Affirms the Lake Superior Court’s revocation of Javyon George-Boatman’s probation. Finds George-Boatman has shown no error.

Antroine Laytrell Brown v. State of Indiana (mem. dec.)
Criminal. Affirms Antroine Brown’s four-year sentence following his guilty plea to level 5 felony robbery. Finds the Lake Superior Court would have imposed the same sentence even without considering any other aggravators.

In the Matter of the Termination of the Parent-Child Relationship of E.W., Mother, Z.L., Father and K.W., Child, Z.L. v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the judgment to terminate parental rights for Z.L. Finds the Huntington Superior Court did not abuse its discretion.

Ugbe Ojile v. State of Indiana (mem. dec.)
Post conviction relief. Affirms the denial of Ugbe Ojile’s petition for post-conviction relief. Finds Ojile failed to show his appellate counsel performed deficiently and therefore the Ohio Circuit Court did not err in finding no ineffective assistance of appellate counsel.

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