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Wednesday, July 25, 2007

Ind. Decisions - Court of Appeals issues 1 today (and 10 NFP)

For publication opinions today (1):

In Henry Cunningham v. State of Indiana, a 5-page opinion, Judge Kirsch writes:

Henry Cunningham was convicted and sentenced for confinement1 as a Class B felony and battery as a Class C felony. Cunningham raises two issues, one of which we find dispositive and restate as: whether there was sufficient evidence to prove he committed the offense of confinement. * * *

An inference of confinement does not arise from evidence of injury to the victim. If so, every battery as a Class C felony would also constitute Confinement as a Class B felony. * * * We reverse and remand to re-sentence Cunningham on his battery conviction alone.

NFP civil opinions today (3):

Genevieve S. York v. Citifinancial Mortgage Co. (NFP) - "Genevieve S. York appeals the trial court’s in rem summary judgment and decree of foreclosure in favor of Citifinancial Mortgage Company, Inc. (“Citifinancial”). York claims that her default on the mortgage is a question of fact that rendered summary judgment inappropriate. * * * York’s failure to file an affidavit in opposition, a verified statement, or any designated evidence to rebut the materials facts in the Corrales Affidavit left no genuine dispute as to the material facts necessary for summary judgment. We, thus, affirm the trial court’s decision."

Kevin Strickler v. Dalton Foundry (NFP) - "Kevin Strickler appeals the decision of the Indiana Worker’s Compensation Board (“the Board”) that he failed to establish that he sustained low back injuries arising out of and in the course of his employment. We affirm."

Nicole L. Huss v. David M. Huss (NFP) - "In sum, the record does not support a conclusion that the evidentiary hearing was fundamentally unfair and violated Wife’s due process rights. We therefore affirm the Adams Circuit Court’s award of custody of the parties’ three biological children to Husband."

NFP criminal opinions today (7):

Steven Burton v. State of Indiana (NFP)

William G. Hughes v. State of Indiana (NFP)

Kerwin J. Cole v. State of Indiana (NFP)

Dashawn Curry v. State of Indiana (NFP)

Antonio Gooden v. State of Indiana (NFP)

Andre Pittman v. State of Indiana (NFP)

Toshio Roach v. State of Indiana (NFP)

Posted by Marcia Oddi on July 25, 2007 12:22 PM
Posted to Ind. App.Ct. Decisions