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Even though a restoration company’s contract with a homeowner did not satisfy the requirements of the Home Improvement Contracts Act, that did not automatically render the contract void, the Indiana Court of Appeals ruled. The judges reversed judgment in favor of the homeowner and ordered he pay the company for the work it performed.
The Indiana Court of Appeals has upheld summary judgment for a bank in its attempt to repossess a motorcycle, finding that while the purchasers of the motorcycle had an interest in it, their interest was not superior to the bank’s perfect security interest.
The fee for electronic public access through the Public Access to Court Electronic Records System increases to 10 cents per page April 1.
The Indiana Court of Appeals affirmed the trial court in concluding a new trial is warranted to determine allocation of fault in a man’s murder. At issue is the percentage of fault to allocate to a criminal defendant and his former employer.
The Indiana Court of Appeals has found the trial court should have granted summary judgment to a Department of Correction employee on a man’s claim that he was personally deprived a liberty interest when the DOC refused to remove his name from the sex offender registry.
The Indiana Court of Appeals affirmed a trial court in dismissing a paternity petition, but one judge dissented, saying the ruling now leaves the child with no legally recognized father.
7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.
Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Danny R. Bailey v. State of Indiana (NFP)
82A05-1108-CR-398
Criminal. Affirms sentence for Class A felony child molesting, Class C felony child molesting and Class B felony incest.
Gerald C. Vickers v. State of Indiana (NFP)
48A05-1109-PC-510
Post conviction. Affirms denial of petition for post-conviction relief.
Euranus Johnson v. State of Indiana (NFP)
49A04-1103-PC-195
Post conviction. Affirms denial of petition for post-conviction relief.
Frank R. Keeton v. Linda K. Keeton (NFP)
67A01-1108-DR-00344
Domestic relation. Affirms dissolution order where the trial court assigned a value of $1.2 million to the parties’ commercial real estate.
Angela D. Driskell, Bob R. Dehaven, and Blonnie V. Dehaven v. Old Republic National Title Insurance Co. (NFP)
82A01-1108-PL-358
Civil plenary. Dismisses appeal involving property that was the subject of a mechanic’s lien.
Paul Rogers v. State of Indiana (NFP)
49A02-1108-CR-772
Criminal. Affirms conviction of Class B felony burglary.
Kimberly A. Pieper v. State of Indiana (NFP)
89A01-1110-CR-482
Criminal. Dismisses challenge of Pieper’s habitual substance offender adjudication.
Dejuan Parker v. State of Indiana (NFP)
49A02-1106-CR-557
Criminal. Affirms conviction of Class D felony possession of marijuana.
Standard Coating Service, Inc. v. Walsh Construction Co. (NFP)
49A02-1109-CT-922
Civil tort. Affirms summary judgment on Standard’s claims for breach of contract and for damages as a third-party beneficiary to a contract between Walsh and the city of Indianapolis.
Jesse Michael Villareal, Jr. v. State of Indiana (NFP)
45A04-1107-CR-337
Criminal. Affirms convictions of Class C felony battery and Class A misdemeanor invasion of privacy and sentence for battery.
Indiana Court of Appeals
Ronyai Thompson v. State of Indiana
49A05-1106-CR-323
Criminal. Affirms conviction of Class A felony dealing in cocaine. The trial court did not abuse its discretion when it denied Thompson’s motion to dismiss the charges against him. The court did not err when it granted the state’s peremptory challenges as to the two African-American members of the venire. There was sufficient evidence from which the jury could infer Thompson intended to exercise control over the cocaine.
The Indiana Court of Appeals affirmed a man’s public intoxication conviction, finding police had reasonable suspicion the man was intoxicated, and evidence is sufficient to support the conviction.
The Indiana Court of Appeals rejected a man’s argument that his charges should be dismissed or he deserved a mistrial, finding sufficient evidence to support his dealing in cocaine conviction.
The Indiana Court of Appeals has found that a school corporation seeking bids for renovations did not acquire the right to enforce a construction company’s mistaken bid.
The Indiana Court of Appeals has reduced the sentence of a defendant who used brass knuckles to injure a couple and then struck a victim’s father with his car, finding the 11-year sentence was inappropriate in light of the offenses and the defendant’s character.
The Indiana Court of Appeals has reversed the denial of summary judgment for a financial company seeking contract damages and other relief, finding the trial court should not have considered the defendant’s late-filed response on summary judgment.
The Indiana Court of Appeals was divided over whether a man could challenge his sentence following a guilty plea. One judge maintained that the defendant did not consent to his illegal sentence.
Because some of the facts establishing the elements of a Class A felony burglary conviction also established all of the essential elements of the Class B felony burglary conviction, the Indiana Court of Appeals ordered one conviction be vacated due to double jeopardy.
Gov. Mitch Daniels has appointed Mary L. Allen as acting director of the Indiana Criminal Justice Institute. She replaces Mark Massa, whom Daniels selected to join the Indiana Supreme Court.
7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.
Indiana Court of Appeals
Teresa Yates v. State of Indiana (NFP)
49A02-1108-CR-823
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct.
C. Richard Marshall v. Kenneth W. Heider (NFP)
93A02-1106-EX-567
Agency appeal. Reverses order of the Worker’s Compensation Board of Indiana awarding $6,000 in attorney fees to Heider. Remands to the board with instructions.
Stuart Warren Lacy v. State of Indiana (NFP)
48A02-1107-CR-686
Criminal. Affirms sentence following guilty plea to Class B felony robbery.
Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Juan M. Garrett v. State of Indiana
49A04-1107-PC-410
Post conviction. Affirms denial of petition for post-conviction relief. Because Garrett’s double jeopardy claims are without merit, he was not prejudiced by his trial and direct appeal attorneys’ failure to raise these claims.
Because a woman failed to seek appellate review of the decision by the Worker’s Compensation Board of Indiana that she was not permanently and totally disabled, she waived any claim of error related to that decision, the Indiana Court of Appeals has ruled.
The Indiana Supreme Court will visit New Albany Thursday to hear arguments in a case involving Rolls-Royce Corp.