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Opinions March 31, 2015

Indiana Court of Appeals
Berthal O. Williams and Patricia Williams v. The Indiana Rail Road Company
77A04-1311-CC-580
Civil collection. Reverses summary judgment in favor of the Indiana Rail Road Company on the Williamses’ attempt to enforce a 1901 indenture regarding a dam on their property. Concludes the indenture was a covenant running with the land, that the terms set forth in the indenture required IRR to maintain the dam and the water level at a specific depth, and that it contained a covenant, perpetual in nature, that did not cease upon a prior breach. Remands for further proceedings.

Questions exist as to whether fiduciary duty was breached

There is sufficient evidence to create genuine issues of material fact as to whether a shareholder breached its fiduciary duty owed to other shareholders and whether it committed constructive fraud by remaining silent about two businesses’ financial states, the Indiana Court of Appeals ruled Tuesday.

Ambiguous probation condition leads to reversal of violation finding

The Indiana Court of Appeals reversed the revocation of a woman’s probation after two judges ruled the probation condition at issue is ambiguous regarding whether and when she had to report an arrest while on probation for a charge that allegedly occurred before the probation began.

Court upholds convictions from controlled drug buys

The Indiana Court of Appeals rejected a man’s argument that his two Class B felonies for dealing in cocaine should be reversed based on prosecutorial misconduct and his limited cross-examination of the state’s confidential informant.

COA orders man resentenced with credit time considered

Although the Indiana Court of Appeals disagreed with a defendant’s argument on appeal, it still found the trial court erred when it ordered him to serve the entirety of his original sentence without any credit time for time spent on home detention.

Opinions March 30, 2015 ILD

Indiana Court of Appeals
S.B. v. C.B. (mem. dec.)
24A01-1405-DR-210
Domestic relation. Affirms trial court order granting father C.B. custody of children.

Nathan Ferguson and Deanna Ferguson v. Shiel Sexton Company, Inc. d/b/a Shiel Sexton; WR Dunkin & Son Inc.: Lynch Harrison & Brumleve, Inc.; Alt & Witzig Engineering et al (mem. dec.)
29A05-1401-CT-21
Civil tort. Majority of COA reverses summary judgment in favor of W.R. Dunkin & Sons and remands for proceedings. Judge Ezra Friedlander dissents.

Leroy D. Brown v. State of Indiana (mem. dec.)
22A01-1407-CR-333
Criminal. Affirms revocation of probation.

David R. Ulrich and Marcia K. Ulrich v. Brad R. Minear and Miranda G. Minear (mem. dec.)
92A05-1408-PL-363
Civil plenary. Affirms denial of the Ulrichs’ complaint for injunctive relief.

In the Matter of D.P. & C.H., Children Alleged to be Children in Need of Services, T.P. Mother v. The Ind. Dept. of Child Services (mem. dec.)
06A01-1408-JC-339
Juvenile. Affirms order determining that D.P. and C.H. are children in need of services.

Eric D. Smith v. The Marion County Prosecutor's Office, Terry R. Curry, John G. Baker, Margrett Robb, Justice May, Justice Mathias, Justice Sullivan, Sr., and The Indiana General Assembly (mem. dec.)
49A02-1406-MI-440
Miscellaneous. Affirms dismissal.

Louis Ridgeway v. Richard Jacobs (mem. dec.)
67A04-1409-SC-410
Small claims. Reverses $4,500 judgment in favor of Jacobs.

Taylor Baughn v. State of Indiana (mem. dec.)
33A01-1408-CR-368
Criminal. Affirms executed 13-year sentence for conviction of Class B felony aggravate battery.

Darrell Dewayne Carter v. State of Indiana (mem. dec.)
02A03-1403-CR-108
Criminal. Affirms in part, reverses in part and remands Carter’s 89-year executed sentence on convictions of Class A felony burglary, Class C felony disarming a law enforcement officer, Class A misdemeanor resisting law enforcement and finding of habitual offender. Remands to reduce sentence to 65 years executed, finding the nature of the offenses and Carter’s character do not warrant the maximum sentence.   

In Re: The Guardianship of A.M. v. Shapree Bailey v. Blanche Meriweather and Douglas Meriweather (mem. dec.)
46A03-1409-GU-328
Guardianship. Affirms the Meriweathers’ petition as grandparents to be appointed A.M.’s permanent guardians.

James D. Huffman v. State of Indiana (mem. dec.)
49A04-1409-CR-443
Criminal. Affirms denial of motion to produce documents.

Antonio D. Walker v. State of Indiana (mem. dec.)
10A01-1407-CR-295
Criminal. Affirms conviction of murder.

In the matter of the Donald L. Colbert Living Trust dated 5-27-2008 created by Settlor, Donald L. Colbert, Barbro Colbert v. Katherine Colbert Kraek (mem. dec.)
46A03-1408-TR-287
Trust. Affirms order providing for the interpretation of a living trust.  

 

Opinions March 30, 2015

Indiana Court of Appeals
In re: Indiana State Fair Litigation: Polet, et al. v. Mid-America Sound, et. al.
49A02-1404-CT-288
Civil tort. Majority reverses trial court order granting summary judgment in favor of the Indiana State Fair Commission on Mid-America Sound’s claim that its contract requires the commission to indemnify it against claims from the 2011 State Fair stage collapse that killed and injured patrons. The majority held the Indiana Tort Claims Act does not apply and there are genuine issues of material fact regarding the validity and enforceability of the indemnification agreement. Remands for trial. Chief Judge Nancy Vaidik dissented and would find the commission has immunity from Mid-America’s claims and that the Tort Claims Act applies.

Divided court lets stand suppression of pat-down evidence

Three of Indiana’s five Supreme Court justices vacated transfer on a suppression-of-evidence case, letting stand a divided Court of Appeals ruling that a trial court abused its discretion by admitting evidence obtained in a questionable pat-down search.

Metzger finishing ILS tenure this week

Norman Metzger will spend this week cleaning nearly 46 years of work from his desk at Indiana Legal Services before beginning his retirement.

Similar entrapment argument brings different COA ruling

Again faced with the question of whether a defendant had been entrapped by an undercover detective posing as a prostitute, the Indiana Court of Appeals affirmed the lower court, reaching a different conclusion than they had in a similar case a year earlier.

Law professors warn against Indiana religious freedom bill

A bill that proponents say would further protect religious freedom in Indiana “will more likely create confusion, conflict, and a wave of litigation” because it will confer a special status to religious rights, according to a letter signed by 30 law professors.

Teen’s adjudications overturned based on unlawful search

An Indianapolis teenager suspected in two burglaries was subject to an unlawful pat down and search by an officer, the Indiana Court of Appeals ruled. As such, the gun found on him should not have been admissible at his delinquency hearing.

Canine sniff not allowed, but convictions still upheld

Although a Supreme Court of the United States decision issued shortly after the Indiana Court of Appeals ruled on a case now means that a canine sniff of a suspected drug dealer’s home was unconstitutional, the COA upheld the man’s convictions based on other evidence.

Couple’s gun collection incorrectly classified as ‘household goods’

The determination as to whether guns or a gun collection are “household goods” should be made on a case-by-case basis, the Indiana Court of Appeals ruled. In a case before it Wednesday, the judges held that the large collection owned by a couple who are since deceased was incorrectly classified as “household goods.”

Indiana joins New York herbal supplement inquiry

Attorneys general from Connecticut, Indiana and Puerto Rico have joined New York's attorney general in an investigation of the herbal supplement industry, saying they're building on the long track record of state attorneys general upholding the rights of consumers.