The Indiana Law Blog: Ind. Decisions - Court of Appeals issues 2 today (and 19 NFP)

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Friday, August 24, 2007

Ind. Decisions - Court of Appeals issues 2 today (and 19 NFP)

For publication opinions today (2):

Oscar Eduardo Perez v. State of Indiana - "Based on the foregoing, we conclude that (1) the trial court properly instructed the jury that intent to kill was a required element of attempted murder, and (2) the State presented sufficient evidence to sustain Perez’s conviction for attempted murder. Affirmed."

In Kenneth L. Roney v. State of Indiana , a 22-page opinion, Judge Robb writes:

Case Summary and Issues Following: a guilty plea, Kenneth Roney appeals his sixty-five-year sentence for murder, a felony. Roney raises two issues, which we restate as whether the trial court improperly found and weighed the mitigating and aggravating circumstances and whether his sentence is inappropriate given his character and the nature of the offense. We affirm, concluding that although the trial court found improper aggravating circumstances and failed to find a mitigating circumstance, the sixty-five-year sentence is still proper, and that the sentence is also not inappropriate.

NFP civil opinions today (3):

In Seymour Lodge No. 462, et al v. Frontier Leasing Corp. (NFP), a 7-page opinion, Judge Riley writes:

[Issue] Whether an Indiana court may give full faith and credit to a foreign judgment where personal jurisdiction was based on a forum selection clause in a lease agreement. * * *

Accordingly, before we can set aside the forum selection clause within the Lease in the case before us, the Lodge must clearly show that enforcement of the clause would be unreasonable and unjust, or that the clause was invalid for such reasons as fraud and overreaching. See Dexter, 833 N.E.2d at 48. However, the Lodge fails to put forth any argument here or any support in its designated evidence to show that enforcement of the forum selection clause in the Lease is unreasonable, unjust, or invalid due to fraud or overreaching. Instead, the Lodge focuses on demonstrating why Indiana could have had personal jurisdiction over the parties in the Iowa action, pointing out Frontier’s contacts with the State of Indiana. In directing its argument in this fashion, the Lodge has failed to meet its burden of proving the invalidity of the forum selection clause. The fact that Indiana could have served as a proper venue and obtained personal jurisdiction over both parties does not nullify the Iowa court’s judgment. Thus, the Lodge leaves no genuine issue of material fact to be decided, and we find no misapplication of the law in this case. Accordingly, the presumption is in favor of the validity of the Iowa court’s judgment; consequently, we conclude the trial court properly granted summary judgment in favor of Frontier. See Tandy, 555 N.E.2d at 176.

In the Matter of K.M., Susan Knotts, and Child Advocates, Inc. v. Marion Co. Dept. of Child Services (NFP)

James Victor Hess v. Debra S. Hess (NFP) - "Here, however, our review of the trial court’s findings and conclusions indicates that the trial court considered the multiple factors that are relevant to this decision. Specifically, the court considered that Debra has a teaching degree and teaching experience, which indicate her ability to engage in gainful employment and earn adequate income. In addition, the court considered that James was ordered to pay Debra $628,615.25 over the course of fourteen years. James’ initial lump sum payment to Debra of $100,000.00 was due by March 1, 2006, two months after the court issued its order. Debra clearly had the liquid assets to pay her attorney fees whereas James did not after making the lump sum payment. Lastly, it was Debra who filed the dissolution petition. The trial court’s findings in this case clearly disclose a valid basis for the court’s failure to award Debra $30,000.00 in attorney fees. We therefore find no error. Conclusion. The trial court did not abuse its discretion in distributing the parties’ property. Further, Debra asked the trial court to order 4% annual interest on the judgment and cannot now complain about this rate. Lastly, the trial court’s findings disclose a valid basis for it’s failure to award Debra attorney fees."

NFP criminal opinions today (16):

Leonard F. Owens v. State of Indiana (NFP)

Charles A. Walker v. State of Indiana (NFP)

Phillip Eggleston v. State of Indiana (NFP)

Clifford C. Riley, Jr. v. State of Indiana (NFP)

Dorssie Carter v. State of Indiana (NFP)

Chad R. Sadler v. State of Indiana (NFP)

Roosevelt D. Brooks v. State of Indiana (NFP)

Clarence Covington v. State of Indiana (NFP)

Daniel D. Bollinger v. State of Indiana (NFP)

Gregory S. Tapely v. State of Indiana (NFP)

James W. Cordill v. State of Indiana (NFP)