Appellate court dismisses small claims venue case
The Indiana Court of Appeals has determined that a small claims venue question is not on the list of authorized interlocutory appeals, so it dismissed a case arising out of southern Indiana.
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Articles
Homeowner association has authority to decide on new home proposal
The Indiana Court of Appeals has upheld a lower court’s ruling against two homeowners challenging their homeowners association’s interpretation of covenants on building a new home.
Majority reverses conviction based on meth manufacturing
A divided Indiana Court of Appeals has determined that the state can’t use the amount of manufacturing materials and empty packets of ingredients at a person’s home to prove he was dealing in that substance, without clear evidence the drug would have been produced in that amount.
Northern District seeks magistrate in Hammond
The Judicial Conference of the United States has authorized the appointment of a full-time magistrate judge for the Northern District of Indiana in Hammond. Applications are being accepted for the position.
Court preserves woman’s day in court despite delays
The Indiana Court of Appeals has reversed a trial judge’s order to dismiss a woman’s medical malpractice case because of her failure to comply with discovery deadlines and trial rules, finding that the decision to deny her a day in court was too harsh.
Opinions April 5, 2012 ILD
The 7th Circuit Court of Appeals, Indiana Supreme Court and Indiana Tax Court had no opinions at IL deadline.
Indiana Court of Appeals
Joshua J. Sharp v. State of Indiana (NFP)
20A03-1109-CR-422
Criminal. Affirms trial court’s denial of a motion to suppress evidence in a jury trial of felony possession of a controlled substance found during a police search. Appellate court determined evidence shows defendant did not restrict his consent to search his vehicle, and so no Fourth Amendment or Indiana Constitution violation occurred.
Isaac Jones v. State of Indiana (NFP)
49A02-1106-PC-548
Post-conviction. Affirms trial court’s denial of a post-conviction relief petition, finding that Isaac Jones’ claim of ineffective assistance of counsel is barred by res judicata.
Debra A. Edwards v. State of Indiana (NFP)
30A04-1110-CR-528
Criminal. Affirms trial court judgment excluding the testimony of an allegedly biased material witness, finding it does not constitute reversible error in the felony theft conviction case.
Opinions April 5, 2012
Indiana Court of Appeals
GMAC Mortgage, LLC v. Ronald Glenn Dyer
28A04-1107-MF-404
Mortgage Foreclosure. Reverses trial court’s order that GMAC Mortgage rewrite an agreement about an FHA-insured loan that Ronald Dyer defaulted on. Appellate court held that under federal law and HUD regulations, deeds in lieu of foreclosure release the borrower from any mortgage obligation and in this case the standard language GMAC used was sufficient.
Panel disagrees on foreclosure settlement resolution
The Indiana Court of Appeals has ruled that federal law and housing regulations require that deeds in lieu of foreclosure release the borrower from any mortgage obligation, and the mortgage company issuing an agreement can use that federal language in the contract.
Summary judgment affirmed in favor of attorney
An attorney who withdrew as counsel for two related family-owned businesses did not make false and defamatory statements in explaining his withdrawal, the Indiana Court of Appeals held.
COA holds false customer review violates no-contact order
The Indiana Court of Appeals affirmed a trial court’s revocation of probation for a man who wrote a false review of his father’s cleaning company.
Judges affirm decision in speedy trial claim
A Hendricks County judge did not err in denying a man’s motion that his criminal case be discharged because the state failed to conduct a speedy trial within one year of charges being filed, the Indiana Court of Appeals ruled.
Court rules on estate’s claim against insurer
The Indiana Court of Appeals has upheld a judge’s ruling against a California reciprocal insurance exchange in a dispute over whether the insurer would have to pay part of a million dollar judgment.
Court upholds child molester’s no-contact condition
The Indiana Court of Appeals has ruled that a man convicted of two child molesting counts didn’t have his constitutional rights violated because no double jeopardy violation occurred, and the trial judge’s probation condition that he have no contact with anyone younger than 18 is constitutional.
Opinions April 4, 2012 ILD
The 7th Circuit Court of Appeals, Indiana Supreme Court and Indiana Tax Court had no opinions at IL deadline.
Indiana Court of Appeals
In Re the Term. of the Parent-Child Rel. of D.T. and J.T. v. The Indiana Dept. of Child Services (NFP)
79A04-1108-JT-483
Juvenile. Affirms trial court’s termination of a mother’s parental rights as to her minor child, finding clear and convincing evidence to support the findings that the conditions that led to the child’s removal will not be remedied and termination is in the child’s best interest.
Gregory Hayes v. State of Indiana (NFP)
49A02-1109-CR-848
Criminal. Reverses trial court’s order revoking probation, finding evidence insufficient to support the determination that defendant violated his probation terms.
In re the Marriage of: Richard A. Medcalf v. Sheri L. Medcalf (NFP)
32A04-1111-DR-582
Divorce. Reverses trial court’s decision to award attorney fees in a protracted divorce case involving a new parenting time agreement. Remands for court to hold further proceedings on the fees.
Rex A. Clark v. State of Indiana (NFP)
03A04-1109-CR-485
Criminal. Affirms sentence of man convicted of Class A misdemeanor resisting law enforcement and Class D felony receiving stolen auto parts, finding trial court didn’t abuse its discretion in issuing a sentence of nearly 3.5 years and the penalty is not inappropriate.
Lorraine Tietjen v. PEP Educational Support, Inc., Turner Marketing, Inc., and Richard P. Turner (NFP)
49A02-1102-PL-152
Civil. Affirms trial court’s judgment in favor of an educational support service and marketing company following a bench trial involving fraud and breach of contract. Appellate panel finds trial court did not err in its judgment.
In the Matter of the Involuntary Term. of the Parent-Child Rel. of Ja.B., J.B., J.P., A.P. & C.P.; and R.P. v. Indiana Dept. of Child Services and Lake Co. CASA (NFP)
45A03-1110-JT-453
Juvenile. Affirms order terminating mother’s parental rights to three children, finding the state DCS provided sufficient evidence to support the termination.
Ryan S. Shearer v. State of Indiana (NFP)
92A04-1108-CR-405
Criminal. Affirms sentence for a man convicted of Class B felony sexual misconduct with a minor, where the trial court sentenced him to an advisory 10 years with two years suspended to probation.
Rachel Ann Ruch v. State of Indiana (NFP)
57A03-1111-CR-498
Criminal. Affirms sentence imposed for Class B felony conviction of dealing in methamphetamine and Class A misdemeanor conviction of possession of paraphernalia, finding trial court did not err in imposing aggregate 15-year sentence with five years suspended to probation.
James Alvarado v. State of Indiana (NFP)
52A02-1110-CR-984
Criminal. Reverses trial court’s revocation of probation on grounds that evidence is insufficient to support findings that defendant violated his probation.
Opinions April 4, 2012
Indiana Court of Appeals
Melanie Webster v. Walgreen Co.
55A01-1110-CT-442
Civil. Affirms judgment of trial court denying motion to amend the filing date of a complaint against Walgreen in order to comply with the statute of limitations. The appellate court held that “mailing” for purposes of the Indiana Trial Rules requires the sender to affix sufficient postage, and since that didn’t happen here the original complaint was untimely.
Trial rules require sufficient postage
The Indiana Court of Appeals has a simple message for litigants: if you are filing anything by certified mail, make sure to put enough postage on your paperwork. Otherwise, don’t expect to use that insufficient postage as an excuse to get around trial rules and court deadlines.
Appellate court rules on bona fide purchaser dispute
The Indiana Court of Appeals has upheld a ruling by a Marion Superior judge in a land title case, finding that a bona fide property purchaser can not be held responsible for deficiencies in the court record that led to the underlying dispute.
Opinions April 3, 2012 ILD
7th Circuit Court of Appeals, Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Edmond D. Martin v. State of Indiana ex rel. Ronald Jordan, Union County Prosecuting Attorney and the Indiana Bureau of Motor Vehicles (NFP)
81A04-1112-MI-691
Miscellaneous. Affirms denial of Martin’s petition for judicial review in which he sought to invalidate his driver’s license suspension on grounds of improper notice.
Becky Schaffer v. State of Indiana (NFP)
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2012/april/04031202cjb.pdf
49A02-1109-CR-826
Criminal. Affirms convictions of Class A misdemeanor domestic battery and Class A misdemeanor battery.
Opinions April 3, 2012
Indiana Court of Appeals
William Minnick v. State of Indiana
47A05-1108-CR-448
Criminal. Minnick failed to establish that his right to speedy sentencing was violated. Reverses conviction of Class A felony robbery and orders that it be entered as a Class B felony due to double jeopardy and that a 20-year and consecutive sentence on this count be imposed. Minnick also failed to establish that the trial court abused its discretion in denying his request for a competency hearing.
Court of Appeals revises robbery sentence
The Indiana Court of Appeals has ordered that a man’s robbery sentence be reduced because that conviction and sentence were not allowed due to double jeopardy. The man’s sentence for murder, robbery and rape dropped from 160 years to 130 years.