The Indiana Law Blog: Ind. Decisions - Court of Appeals issues 1 today (and 27 NFP) [Updated]

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Thursday, March 29, 2007

Ind. Decisions - Court of Appeals issues 1 today (and 27 NFP) [Updated]

For publication opinions today (1):

Joshua J. Nolan v. State of Indiana - "We affirm Nolan’s convictions. There is sufficient evidence to support the jury’s conclusion that K.M. was “unaware” of Nolan’s act of deviate sexual conduct upon her. Although Nolan has waived his appeal of a mistake-of-fact defense, no such defense could have properly been offered on the issue of K.M.’s consent. K.M.’s testimony also was not so inherently improbable as to require reversal, nor were the jury’s verdicts on the rape and criminal deviate conduct counts inconsistent. Finally, although the prosecutor’s call of Nolan’s defense counsel to the witness stand was highly inappropriate, the prosecutor’s subsequent statement to the jury that opposing counsel’s testimony was unnecessary overcame any misconduct. Affirmed."

NFP civil opinions today (5):

G&G Industrial Machining, Inc. and Clifford Garrett v. Essex Machine, Inc. and Essex Realty (NFP) - "Appellants contend that they were deprived due process of law because their attorney, Rosenthal, did not inform them of the September 13, 2005 trial date. However, it is undisputed that Rosenthal attended a conference with the trial court in which the trial date was selected, and that he received written notice of same. It is irrelevant that Rosenthal’s Motion to Withdraw as Attorney was granted three days later. Notice to Appellants’ attorney constituted notice upon the Appellants. We conclude that the Appellants were not deprived due process of law. Conclusion The trial court did not abuse its discretion in denying Appellants’ “Motion to Correct Error or in the alternative to Set Aside Judgment pursuant to Trial Rule 60(b).”"

Joy S. Anderson v. Ralph Hastings and Darlene Hastings (NFP) - "Joy S. Anderson appeals the trial court’s order of eviction and small claims damages award in favor of Ralph and Darlene Hastings (the “Hastings”). Anderson claims that the trial court erred in awarding damages because it failed to comply with Indiana’s Ejectment and Quiet Title Statute. We affirm."

Nicholas E. Buskirk v. Hancock County Department of Child Services (NFP) - termination of parental rights, affirmed.

[Two added later this morning by Clerk]

John B. Davis v. Coldwater Place, LLC (NFP) - "Davis raises one issue, which we restate as whether the small claims court erred in interpreting Davis’s agreement with Coldwater. We affirm."

Dorothy Laverne Austin v. Globe American Casualty Company, et al. (NFP) - "Specifically, the Appellants argue that the trial court erred by granting summary judgment to the Appellees on Abbott’s bad faith claim and on the Appellants’ malicious prosecution and abuse of process claims because there are genuine issues of material fact that preclude the entry of summary judgment.3 Finding no error in the trial court’s grant of summary judgment to the Appellees, we affirm the judgment of the trial court."

NFP criminal opinions today (22):

Corey Brazelton v. State of Indiana (NFP)

Christopher Valdez v. State of Indiana (NFP)

Stanley Rodgers v. State of Indiana (NFP)

Rodney L. Baker v. State of Indiana (NFP)

Bruce Haymaker v. State of Indiana (NFP)

Mauro Ruiz v. State of Indiana (NFP)

Glen Hobbs v. State of Indiana (NFP)

John W. Lee Barta v. State of Indiana (NFP)

Latoya Bonds v. State of Indiana (NFP)

Kenneth T. Griffin v. State of Indiana (NFP)

Rocky Marciano Shroyer v. State of Indiana (NFP)