Opinions June 18, 2010 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Randyl
A. McCauley and Deanna R. McCauley v. James S. Harris and Diane C. Harris
28A04-0907-CV-421
Civil. Affirms summary judgment for the Harrises in their request for a permanent injunction against the McCauleys enjoining
them from interfering with the Harrises’ use and enjoyment of a 30-foot wide ingress and egress that runs over the McCauleys’
property. The trial court properly concluded that the Harrises’ use and enjoyment of the easement for ingress and egress
includes the right to use the easement in its entirety and to construct a roadway over all or any part of the easement. Also
affirms order the McCauleys remove a portion of their pole barn that lies within the Harrises’ easement.
Christina Cisternino v. Grant Communications Inc. (NFP)
49A05-0912-CV-735
Civil. Affirms dismissal of Cisternino’s complaint against Grant Communications Inc. pursuant to Indiana Trial Rule
41(E).
Daniel
L. Anway v. State of Indiana (NFP)
57A03-0912-CR-578
Criminal. Affirms conviction of and sentence for operating a vehicle while intoxicated, misdemeanor resisting law enforcement,
and failing to stop after an accident.
Douglas W. Kemp v. State of Indiana (NFP)
87A04-0911-CR-641
Criminal. Affirms sentence for Class C felony child molesting following a guilty plea.
P.G.
v. T.G. (NFP)
22A01-0912-CV-596
Civil. Affirms denial of P.G. (father)’s petition to change custody after T.L.G. (mother) filed a motion to relocate
their minor child out of Indiana.
James
Huesman v. State of Indiana (NFP)
70A03-0911-CR-514
Criminal. Affirms denial of motion to remove defendant from Indiana’s Sex Offender Registry.
Timothy
E. Strowmatt v. State of Indiana (NFP)
71A05-0910-PC-587
Post-conviction. Affirms denial of post-conviction relief.
Jerome
McKinney v. State of Indiana (NFP)
49A05-0911-CR-642
Criminal. Affirms conviction of Class B felony burglary and finding McKinney to be a habitual offender.
Adrian
Cole v. State of Indiana (NFP)
49A02-0912-PC-1183
Post-conviction. Affirms sentence received for four convictions of conspiracy to commit forgery, all as Class C felonies.
Anthony
Emmett Collett v. Kelly Jean Collett (NFP)
89A05-0912-CV-728
Civil. Affirms trial court order declining jurisdiction and deferring jurisdiction of Collett’s initial child custody
determination action to a Minnesota court.
Sherrie
K. Hansen v. State of Indiana (NFP)
71A04-1002-CR-63
Criminal. Affirms convictions of five counts of Class D felony theft.
State
of Indiana v. John W. Holler (NFP)
57A03-0910-CR-462
Criminal. Affirms denial of state’s motion to correct error.
C.E.
v. Review Board of the Indiana Dept. of Workforce Development (NFP)
93A02-0906-EX-526
Civil. Affirms decision of Indiana Unemployment Insurance Review Board that affirms the findings and conclusions of an administrative
law judge who denied C.E.’s application for unemployment benefits.
Bob Gasich v. East Chicago Redevelopment Comm. (NFP)
45A03-0910-CV-500
Civil. Affirms trial court’s denial of Gasich’s “petition to void and withdraw the order of appropriation
of real estate and appointment of appraisers.”
Mark
Taylor v. State of Indiana (NFP)
49A04-0908-CR-486
Criminal. Dismisses Taylor’s appeal following revocation of his probation finding the presented issue is moot.
Kerwin
M. Ward v. State of Indiana (NFP)
02A03-0912-CR-581
Criminal. Affirms sentence for two counts of battery upon law enforcement officer, one count of battery by bodily waste,
one count of resisting law enforcement, and one count of disorderly conduct.
Linda
Ruth Parks v. State of Indiana (NFP)
20A04-1001-CR-21
Criminal. Affirms aggregate 30-year sentence for Class B felony burglary with a habitual offender enhancement.
Angel
Abarca v. State of Indiana (NFP)
49A02-0910-CR-1018
Criminal. Affirms sentence following a plea of guilty to aggravated battery, a Class B felony.
Bray
A. Tibbs v. State of Indiana (NFP)
71A03-0911-CR-541
Criminal. Affirms Tibbs’ conviction of and sentence for burglary as a Class B felony; remands with instructions to
vacate restitution order.
Bernard
Arvin v. Capital One Bank (NFP)
53A04-0909-CV-509
Civil. Affirms trial court’s grant of summary judgment in favor of Capital One Bank.
FK
Inc. v. See USA LLC (NFP)
56A05-0911-CV-654
Civil. Reverses trial court’s award of $82,514.50 in damages and $85,778.35 in attorney fees to See USA on its claim
that FK committed check fraud. Also reverses award of $204,499.58 in lost profits damages to See USA on its breach of contract
claim against FK. Remands for further proceedings.
William
T. Casbon v. State of Indiana (NFP)
49A05-0910-CR-588
Criminal. Affirms post-conviction court’s dismissal of motion to vacate sexually violent predator status.
Patsy
C. Battin v. Curtis R. Battin (NFP)
03A04-0912-CV-715
Civil. Affirms trial court’s denial of Patsy C. Battin’s request for spousal maintenance. Reverses the trial
court’s decision to divide the net marital estate equally, and remands with instructions to order a 60/40 split of the
net marital estate in Patsy Battin’s favor; reverses trial court’s denial of her request for attorney’s
fees; and remands with instructions to order Curtis Battin to pay 50 percent of her attorney’s fees.
Darren
A. Snyder v. State of Indiana (NFP)
20A05-0910-CR-600
Criminal. Reverses and remands with instructions a conviction of battery as a Class A misdemeanor.