The Indiana Law Blog: Ind. Decisions - Court of Appeals issues 2 today (and 16 NFP)

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Thursday, July 30, 2009

Ind. Decisions - Court of Appeals issues 2 today (and 16 NFP)

For publication opinions today (2):

In Trustees of Indiana University v. H. Daniel Cohen , a 17-page opinion, Judge Brown writes:

In this interlocutory appeal, the Trustees of Indiana University (the “University”) appeal the trial court's denial of its motion for summary judgment regarding a complaint filed by H. Daniel Cohen. The University raises several issues, which we revise and restate as whether the trial court erred when it denied the University's motion for summary judgment. * * *

Because we conclude that Paragraph 3 of the Agreement was clear and unambiguous in that it permitted the University to terminate Cohen's employment for his violation of the University's Code of Ethics as set forth in the Indiana University Academic Handbook, the University did not breach the Agreement by dismissing Cohen on that basis and the University was entitled to judgment as a matter of law. * * *

For the foregoing reasons, we reverse the trial court's denial of the University's motion for summary judgment and remand with instructions to enter summary judgment in favor of the University on Cohen's Complaint.

In Elizabeth A. Vanwanzeele v. State of Indiana , a 17-page opinion, Judge Riley writes:

Appellant-Defendant, Elizabeth A. VanWanzeele (VanWanzeele), appeals her conviction and sixteen-year sentence for burglary as a Class B felony, Ind. Code § 35-43-2-1. * * *

Based on the foregoing, we conclude that (1) the trial court did not abuse its discretion by refusing to instruct the jury on residential entry as a lesser-included offense of burglary, (2) the trial court's instruction on the “breaking” element of burglary did not improperly emphasize one particular evidentiary fact, (3) VanWanzeele waived her objection to the trial court's final instruction on the concept of reasonable doubt when she failed to object when the same instruction was given as a preliminary instruction, (4) the trial court did not abuse its discretion by determining that VanWanzeele's previous encounter with Captain Sawdon was irrelevant to whether Captain Sawdon was biased against VanWanzeele in this case, (5) VanWanzeele has failed to establish that she is entitled to reversal of her conviction based upon the prosecuting attorney's reference to her criminal conversion conviction as a conviction for “stealing,” and (6) VanWanzeele's sixteen-year sentence is not inappropriate. Affirmed.

NFP civil opinions today (2):

Wayne J. Theising v. Deanne Theising (NFP) - "Appellant-petitioner Wayne J. Theising appeals the trial court's order dissolving the marriage of Wayne and appellee-respondent Deanne Theising. Wayne argues that the trial court erred by awarding the value of the equity of the marital residence at the time of the marriage to Wayne but dividing the remaining equity equally between Wayne and Deanne. Finding no error, we affirm."

Kevin D. Crouse v. Republic Services of Indiana, et al. (NFP) - "The trial court properly granted Republic’s motion for summary judgment on the issues of Crouse’s at-will employment and dismissal from Republic LLC, as well as on the allegedly defamatory statements made about Crouse."

NFP criminal opinions today (14):

Terry Buchanan v. State of Indiana (NFP)

Scott McIntyre v. State of Indiana (NFP)

John L. Lula v. State of Indiana (NFP)

Jason E. Land v. State of Indiana (NFP)

Cindy Edwards v. State of Indiana (NFP)

Eric Taylor v. State of Indiana (NFP)

Joshua Trosky v. State of Indiana (NFP)

Glenn L. Hepp v. State of Indiana (NFP)

Darryl Abron v. State of Indiana (NFP)

David Price v. State of Indiana (NFP)

Modre D. Brown v. State of Indiana (NFP)