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Opinions Sept. 5, 2012 ILD

7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals
William LaShun Caples v. State of Indiana (NFP)
45A04-1202-CR-69
Criminal. Affirms denial of Caples’ motion to set aside jury verdict convicting him of three counts of Class A felony child molesting.

Charles Blakemore v. State of Indiana (NFP)
49A02-1201-CR-77
Criminal. Affirms denial of motion to correct erroneous sentence.

Najee S. Blackman v. State of Indiana (NFP)
34A02-1203-CR-335
Criminal. Affirms denial of motion to correct erroneous sentence.

Estate of Lewis G. Mark, Deceased, and Evelyn J. Mark v. 1st Source Bank (NFP)
71A03-1203-MF-143
Mortgage foreclosure. Affirms summary judgment for 1st Source as to its foreclosure complaint.

In the Matter of Term. of the Parent-Child Rel. of: D.H., C.H., & A.H.; and D.M. v. The Indiana Dept. of Child Services (NFP)
54A05-1202-JT-56
Juvenile termination of rights. Affirms involuntary termination of parental rights.

In the Matter of the Term. of the Parent-Child Rel. of: Z.B., G.B., K.B., & S.B.; and T.S. v. Indiana Dept. of Child Services (NFP)
64A03-1201-JT-31
Juvenile termination of rights. Affirms termination of parental rights.
 

Opinions Sept. 5, 2012

Indiana Court of Appeals
Cody B. Honeycutt v. State of Indiana
92A04-1203-CR-149
Criminal. Reverses denial of motion to dismiss charges on grounds that they were barred by the Successive Prosecution Statute. Because the four charges were supported by probable cause and based on a series of acts so connected that they constituted parts of a single scheme or plan, they should have been charged in a single prosecution.

Judges affirm jury instruction was not permitted under Barnes

The Howard Superior Court was correct in refusing a defendant’s instruction that provided a defense to his resisting arrest charges. The 2011 Supreme Court ruling in Barnes v. State did not permit his proposed instruction, the Indiana Court of Appeals held.

Man’s additional charges should have been dismissed

The Whitley Superior Court should have granted a defendant’s motion to dismiss two operating while intoxicated charges because the charges came after he pleaded guilty to two other charges relating to the same initial traffic stop.

Indiana justices accept 4 cases, deny 27

The Indiana Supreme Court will decide the defamation case filed by Herbert and Bui Simon against a California attorney. The justices will also decide whether a woman’s lawsuit for unpaid wages should have been brought before the Indiana Department of Labor before she filed her action.

Opinions Sept. 4, 2012 ILD

7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals
Dennis J. Rodenberg v. State of Indiana (NFP)
82A01-1201-CR-10
Criminal. Affirms conviction of Class B felony rape.

Damon T. Payne, Sr. v. State of Indiana (NFP)
02A04-1204-CR-190
Criminal. Affirms sentence imposed for three counts of Class D felony theft.

Charles B. Dietzen v. State of Indiana (NFP)
29A02-1112-CR-1104
Criminal. Affirms order reinstating suspended sentence.

Victoria Yates v. State of Indiana (NFP)
49A02-1202-CR-126
Criminal. Affirms conviction of Class A misdemeanor battery.

Olympia Shellman v. State of Indiana (NFP)
02A04-1201-CR-34
Criminal. Affirms denial of motion to withdraw guilty plea.

James W. Manhart v. State of Indiana (NFP)
16A04-1203-CR-131
Criminal. Affirms denial of petition to convert convictions from Class D felonies resisting law enforcement and operating a vehicle while intoxicated to Class A misdemeanors.

Artrece D. Patterson v. State of Indiana (NFP)
48A05-1112-CR-693
Criminal. Affirms finding of violation and revocation of probation.

Noble Potter v. State of Indiana (NFP)
10A01-1112-CR-619
Criminal. Affirms sentence for Class B felony residential burglary and being a habitual offender.
 

Opinions Sept. 4, 2012

Indiana Court of Appeals
Nathan S. Berkman v. State of Indiana
45A04-1111-CR-583
Criminal. Affirms conviction of and sentence for murder. The trial court did not abuse its discretion in declaring a witness unavailable or in admitting the deposition testimony of another unavailable witness. Berkman’s sentence is not inappropriate as he had argued.

Previous testimony allowed in murder trial

A witness’s testimony from a man’s murder trial and the deposition testimony of another unavailable witness were correctly allowed at the man’s second murder trial, the Indiana Court of Appeals held Tuesday.

Judge: More small claims reforms pursued

More reforms that could address “forum shopping” in Marion County Small Claims courts will be undertaken this month, the judge presiding over a review of township court operations said.

COA orders judge grant motion for bail bond reduction

Even though the severity of the 13 charges against a Knox County man for his role in several home invasions supports setting his bond at $25,000 cash only, the Indiana Court of Appeals concluded that the trial court should have allowed him to post a percentage of that to bond out.

Judges disagree over whether car ad implied drivability

The Indiana Court of Appeals was divided on whether an Indianapolis car dealership was entitled to summary judgment on a buyer’s lawsuit that made Indiana Deceptive Consumer Sales Act, Crime Victims Relief Act, and fraud claims.

Suit challenging construction of asphalt plant timely filed

The Indiana Court of Appeals determined that the Jeffersonville director of planning and zoning and the city building commissioner are public officers under Indiana Code 34-11-2-6. The judges discovered there is no state law defining public officer under this statute.

Teen loses on appeal negligence suit filed for softball injury

A Wabash County YMCA proved it was entitled to summary judgment on a negligence claim filed by a 17-year-old teen injured while sliding into a base during a softball game on property owned by the YMCA, the Indiana Court of Appeals held.

Opinions Aug. 31, 2012 ILD

7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals
Roderick Vandrell Lewis v. State of Indiana (NFP)
02A03-1201-CR-18
Criminal. Affirms convictions of two counts of felony murder.

Carroll S. Channell, Trustee of the Revocable Living Trust of Carroll S. Channell dated August 21, 2000, et al. v. Tim Moffatt and Bill Moffatt (NFP)
59A04-1112-PL-664
Civil plenary. Affirms pre-trial order resolving all pending motions in an action originally brought to quiet title to real estate located in Orange County. Remands for further proceedings.

Jeremy Lamar Lloyd v. State of Indiana (NFP)
45A04-1202-CR-79
Criminal. Affirms sentences for two counts of Class C felony burglary.

Term. of the Parent-Child Rel. of S.S., minor child, and D.S., mother, and W.S., father; D.S. and W.S. v. Indiana Dept. of Child Services (NFP)
53A05-1112-JT-673
Juvenile. Affirms involuntary termination of parental rights.

B.C. v. State of Indiana (NFP)
15A01-1202-JV-68
Juvenile. Vacates order B.C. register as a sex offender as the order was premature and remands with instructions.