Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowIndiana Court of Appeals
Monty Dale Maze v. State of Indiana
24A-CR-2596
Criminal. Reverses Monty Maze’s conviction in Sullivan Superior Court of a Class B misdemeanor for harboring a non-immunized dog. Finds the trial court failed to conduct a proper indigency hearing when denying Maze’s request to appoint him trial counsel. Also finds there was inadequate inquiry into Maze’s necessary expenses, particularly in light of evidence he needed the money to support himself and a dependent. Remands for further proceedings. Attorney for appellant: Ruth Johnson. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Sierra Murray.
City of Boonville v. Mary Kay Anderson, James Kevin Miller, and Chris K. Miller
24A-PL-1905
Civil plenary. Affirms the Warrick Circuit Court Special Judge J. August Straus’s granting of Mary Anderson’s motion for voluntary dismissal without prejudice. Finds the trial court did not abuse its discretion when it allowed the Millers’ dismissal under Trial Rule 41(A)(1)(a) and Anderson’s dismissal under Trial Rule 41(A)(2) without prejudice and did not impose “terms and conditions” on the dismissals. Also finds that the trial court erred when it dismissed Boonville’s Trial Rule 65(C) damages claim without a hearing on the merits. Reverses and remands with instructions for an evidentiary hearing ab initio on the propriety of the temporary restraining order, on whether Boonville is entitled to an award of Trial Rule 65(C) damages on the facts of this case, and, if so, for a determination of the appropriate, just, and reasonable amount of damages. Attorneys for appellant: Stephen Unger, Andrew McNeil, Jacob Antrim, Mark Phillips. Attorneys for appellees: Jean Blanton, Kristen Hahn.
Please enable JavaScript to view this content.