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Monday, April 28, 2008
Ind. Decisions - Court of Appeals issues 1 today (and 6 NFP)
For publication opinions today (1):
In Jon S. Johnson v. Stephon Blackwell, et al , a 12-page opinion, Judge Vaidik writes:
Following his conviction in federal district court for possession with intent to distribute crack cocaine, the Seventh Circuit reversed Jon S. Johnson’s conviction in 2005, and the indictment against him was dismissed in 2006. Nearly four years after his February 27, 2003, arrest, Johnson filed a complaint against Stephon Blackwell, Cliff Cole, the Anderson Police Department, and the Madison County Sheriff’s Department (collectively “Defendants”) on November 21, 2006, in Marion Superior Court alleging civil rights violations, false imprisonment/false arrest, wrongful infliction of emotional distress, and invasion of privacy by intrusion. Finding that these causes of action accrued when Johnson was arrested or bound over for trial in 2003 and that the doctrines of continuing wrong and fraudulent concealment do not operate to toll the statute of limitations, we conclude that Johnson’s complaint is barred by the two-year statute of limitations for injury to person. We therefore affirm the trial court.NFP civil opinions today (2):
Jan Hayden v. Thomas Lilley (NFP) - "Jan Hayden appeals the trial court’s decision in a contract dispute involving the failed sale of her property to Thomas Lilley. * * *
"The trial court’s conclusions regarding Lilley’s breach and the return of the $110,000 are contradictory and not supported by the findings. We also conclude that Hayden is entitled to the attorney fees accrued defending Lilley’s action. We reverse and remand."
Joseph A. Galus v. Marycatherine Galus n/k/a Marycatherine Papp (NFP) - "Joseph A. Galus (“Husband”) appeals the trial court’s judgment ordering him to pay a portion of his child’s post-secondary education expenses. He raises one issue, which we restate as whether the trial court erred in its division of the parental portion of college expenses because the division was not in proportion to the parents’ resources. We affirm."
NFP criminal opinions today (4):
Dale C. Englehardt v. State of Indiana (NFP)
Raynard Shank v. State of Indiana (NFP)
Jonathan J. Birk v. State of Indiana (NFP)
Antonio Jefferson v. State of Indiana (NFP)
Posted by Marcia Oddi on April 28, 2008 01:48 PM
Posted to Ind. App.Ct. Decisions