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Indiana Court of Appeals
Russell Bernacchi and Judith Bernacchi v. Yon M. Lindborg and Kenneth L. Rutz
24A-CT-1686
Civil tort. Dismisses without prejudice Russell and Judith Bernacchi’s appeal of LaPorte Circuit Court Judge Thomas Alevizos’ order denying the Bernacchis’ motion for summary judgment against Kenneth Rutz and Yon Lindborg’s complaint. Finds the trial court’s order denying the Bernacchis’ motion for summary judgment is neither a final judgment nor an appealable interlocutory order, and the appellate court lacks appellate jurisdiction over the Bernacchis’ appeal. Attorney for appellants: Martin Lucas. Attorney for appellees: R. Brian Woodward

Indiana Court of Appeals
Jerry D. McBride v. State of Indiana
24A-CR-2213
Criminal. Reverses Jerry McBride’s conviction by an Elkhart Superior Court jury of Class A misdemeanor invasion of privacy for violating a protective order prohibiting him from communicating with a next-door neighbor. Finds that that McBride failed to preserve the claim of evidentiary error, but that the trial court committed reversible error in declining to give a pattern jury instruction on the defense of property. Remands for a new trial. Attorney for appellant: Donald Shuler. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Megan Smith.

Indiana Court of Appeals 

Matthew Eversole v. State of Indiana 

24A-CR-1910

Criminal. Affirms Clay Circuit Court Judge Joseph Trout’s judgment on the drug-interdiction fee, but finds an indigency hearing was required for the fine, costs and fees for which the agreement did not specify amounts. Reverses the trial court’s judgment to all expenses other than the $200 drug-interdiction fee. Remands the trial court to conduct or schedule an indigency hearing in conjunction with its imposition on Eversole of any other fine, costs and fees. Attorney for appellant: Kay Beehler. Attorneys for appellee: Indiana Attorney General Todd Rokita and Deputy Attorney General J.T. Whitehead.