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Because there is evidence that both the woman who purchased land from a trust and the trustee paid taxes on a disputed 1.8 acres of land for at least 10 years, the woman’s claim for adverse possession of the land should be granted, the Indiana Court of Appeals held.
Indiana Court of Appeals
Charles J. Davis, Jr. v. State of Indiana (mem. dec.)
16A01-1411-CR-480
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.
Jody A. Bailey v. State of Indiana (mem. dec.)
05A02-1410-CR-722
Criminal. Affirms order revoking probation and order that Bailey serve the previously suspended portion of her sentence in the Department of Correction.
Robert Tibbs v. State of Indiana (mem. dec.)
49A02-1409-CR-675
Criminal. Affirms convictions of felony murder and Class A misdemeanor carrying a handgun without a license.
Tim A. Tyler v. State of Indiana (mem. dec.)
02A05-1409-CR-460
Criminal. Affirms revocation of probation.
Stephen E. Abernathy v. State of Indiana (mem. dec.)
23A01-1411-CR-492
Criminal. Affirms sentence for Class D felony failure to register as a sex offender.
T.M. v. D.W. (mem. dec.)
48A02-1407-JP-457
Juvenile. Affirms paternity order and remands so that the trial court may amend its final decree to include an order directing father to pay the costs of mother’s initial drug testing and evaluation. Affirms calculation of father’s child support.
Servan Allen v. State of Indiana (mem. dec.)
79A04-1405-PC-228
Post conviction. Affirms denial of petition for post-conviction relief.
James Currin v. State of Indiana (mem. dec.)
49A02-1410-CR-709
Criminal. Affirms convictions of Class B felony aggravated battery and Class D felony battery.
Christopher K. Kesling, Emily Kesling, and Adam Kesling v. Andrew C. Kesling, individually and as Trustee of the Andrew C. Kesling Trust Dated March 28, 2001, Peter Kesling, et al. (mem. dec.)
45A03-1404-PL-135
Civil plenary. Affirms finding by the trial court that the transfer of certain shares of TP Orthodontics from Peter Kesling to Andrew Kesling did not violate the terms of TPO’s shareholder agreement and that under the agreement, the plaintiff siblings should have received the right of first purchase of the shares in question.
S.H. v. State of Indiana (mem. dec.)
49A02-1409-JV-640
Juvenile. Affirms commitment of S.H. to the Department of Correction following adjudication as delinquent for committing what would be Class B felony robbery if committed by an adult.
Anthony D. Moore v. State of Indiana (mem. dec.)
45A05-1412-PC-554
Post conviction. Affirms denial of petition for post-conviction relief.
In a case of first impression regarding the authentication of social media posts, the Indiana Court of Appeals held that the testimony from the defendant’s girlfriend that the Twitter account belonged to her boyfriend, as well as content from that account, sufficiently showed the defendant was the author of its tweets.
Indiana Court of Appeals
Bruce Angelo Evans v. State of Indiana
48A02-1407-CR-496
Criminal. Affirms conviction of Class B felony dealing in a narcotic drug and pleading to being a habitual substance offender. Evans waived his challenge regarding the instruction on jury unanimity by failing to object to the jury instruction or offer one of his own, and any error does not rise to the level of fundamental error. Affirms admission into evidence a large amount of cash found on Evans when he was searched by law enforcement officers after the controlled drug buy.
An Anderson man who was criminally convicted for selling drugs to a confidential informant waived both his arguments on appeal, the Indiana Court of Appeals ruled Thursday. And, the judges found no fundamental error in a jury instruction given or the admission of cash found on the defendant by police.
The Indiana Court of Appeals found Thursday that a trial court incorrectly calculated the sentence a woman should serve in the Department of Correction after she had her probation revoked.
Terre Haute attorney Stephen L. Williams will receive this year’s Lifetime Achievement Award from the Indiana Trial Lawyers Association. He is being recognized for his distinguished service to the organization and dedication to preserving the rights of the injured.
A trial court did not err in denying a man’s petition to modify his sentence after finding that the current version of the sentencing modification statute is not applicable to his sentence, which he began serving in 1989. The Indiana Court of Appeals panel relied on a January decision by its colleagues to affirm the denial of Mitchell Swallows’ petition.
A divided Supreme Court of the United States ruled that states can bar judicial candidates from personally soliciting campaign contributions, leaving intact bans in 30 states.
The judge who'll preside over one defendant's murder trial in a deadly Indianapolis house explosion says he may sequester jurors during deliberations.
Beginning next week, basic case information on appeals before the Indiana Supreme Court and Court of Appeals will be available to the public through the Odyssey docket. The Indiana Tax Court made the switch in December.
Indiana Court of Appeals
Keith R. Miller v. State of Indiana (mem. dec.)
40A01-1407-CR-296
Criminal. Affirms conviction and 47 ½-year sentence for seven counts, including Class A felony robbery resulting in serious bodily injury and Class D felony receiving stolen property.
Dwight Patton v. State of Indiana (mem. dec.)
60A01-1403-CR-115
Criminal. Affirms conviction of Class D felony possession of marijuana in an amount greater than 30 grams.
The Indiana Court of Appeals upheld a man’s conviction of murdering his stepfather, finding that the trial court did not abuse its discretion in admitting wiretap evidence in which the defendant told a friend he was involved in the killing.
Indiana Supreme Court
James Bogner v. Teresa Bogner
45S04-1501-DR-23
Domestic relation. Affirms modification of child support that deviated from what was found under the child support guidelines of $59 a week paid by the father to $105 per week paid by the father, in addition to order that mother could claim the child each year on her taxes. The trial court did not err in determining that given the parents’ circumstances, the guideline amount was unjust and unreasonable. Finds father waived his challenge to the form of the summary proceeding when he failed to make a contemporaneous objection to that procedure.
A trial court did not commit clear error when it deviated from the Indiana Child Support Guidelines by not granting a father the full parenting time credit calculated and allowed his ex-wife to claim their child each year on her taxes, the Indiana Supreme Court ruled Tuesday. The justices also outlined the best practices to be used when a trial court conducts summary proceedings.
Two brothers convicted in the murder of a man with whom they previously had an altercation are not entitled to a new trial based on one juror’s concerns for her safety after recognizing someone sitting in the gallery, the Indiana Court of Appeals held Wednesday.
Three brothers have pleaded guilty to participating in a biofuels scam that federal investigators are calling “one of the largest tax and securities fraud schemes in Indiana history."
An Indianapolis attorney and her daughter who rehab homes in the Fountain Square neighborhood are getting a shot at the national spotlight. If it takes off, Karen Jensen says she'd have to shut down her practice to accommodate filming.
The General Assembly Wednesday afternoon passed modest reforms of the nine township small claims courts in Marion County, a far cry from recommendations of multiple judicial studies to restructure the courts.
Indiana Court of Appeals
In Re Adoption of K.P. et al., D.M. v. C.P. (mem. dec.)
49A02-1410-AD-707
Adoption. Affirms order denying adoption petition, reverses custody order in favor of father, and remands for a custody hearing.
L.C. v. State of Indiana (mem. dec.)
49A02-1410-JV-708
Juvenile. Affirms adjudication as a delinquent for committing what would be Class A misdemeanor possession of marijuana if committed by an adult.
Chad Byrd v. State of Indiana (mem. dec.)
54A05-1409-PC-448
Post conviction. Affirms denial of petition for post-conviction relief.
Jennifer L. Buchanan v. State of Indiana (mem. dec.)
70A04-1501-CR-25
Criminal. Affirms eight-year sentence following guilty plea to Class C felony possession of a controlled substance.
In re the Guardianship of M.M., et al; Melissa Miller v. FaithAnn Breden and Richard Breden (mem. dec.)
20A05-1409-GU-441
Guardianship. Affirms temporary change of custody order removing J.M. from mother’s custody and placing the child with the Bredens.
Marlon M. Banks v. State of Indiana (mem. dec)
20A04-1403-PC-102
Post conviction. Affirms denial of petition for post-conviction relief.
Jonathan G. McPherson v. State of Indiana (mem. dec.)
20A04-1409-CR-428
Criminal. Remands for the trial court to run McPherson’s sentence for unlawful possession of a firearm by a serious violent felon concurrently with the habitual offender enhancement. McPherson’s new sentence will be 75 years.
Terrence Jamual Douglass v. State of Indiana (mem. dec.)
18A02-1410-CR-726
Criminal. Affirms convictions and sentence for Class B felonies armed robbery, criminal confinement and possession of a firearm by a serious violent felon.
In the Matter of the Termination of the Parent-Child Relationship of M.F., Mother, and L.T.F., Child; M.F., v. Indiana Department of Child Services (mem. dec.)
37A04-1410-JT-496
Juvenile. Affirms termination of parental rights.