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Tuesday, October 30, 2007

Ind. Decisions - Court of Appeals issues 1 today (and 13 NFP)

For publication opinions today (1):

In Michael Hale v. State of Indiana , a 13-page opinion, Judge Vaidik writes:

Michael Hale (“Hale”) appeals his conviction for dealing in cocaine as a Class A felony and his fifty-year sentence. Specifically, he argues that the trial court erred in denying his motion for mistrial, the evidence is insufficient to support his conviction, and his sentence is inappropriate. Concluding that the trial court did not abuse its discretion in denying Hale’s motion for mistrial, the evidence is sufficient to prove that he knowingly or intentionally delivered cocaine in an amount weighing three grams or more, and Hale’s sentence is not inappropriate in light of the nature of the offense and his character, we affirm the trial court.
NFP civil opinions today (4):

Termination of the Parent-Child Relationship of N.R.L.S.; Corey Leonard Sneed v. St. Joseph County Department of Child Services (NFP) - "Corey Sneed appeals the trial court’s involuntary termination of his parent-child relationship with N.R.L.S., his minor child. On appeal, Sneed raises two issues, which we consolidate and restate as whether sufficient evidence supports the trial court’s conclusion that continuation of the parent-child relationship poses a threat to N.R.L.S.’s well-being. Because we conclude sufficient evidence supports the trial court’s determination, we affirm."

ITermination of the Parent-Child Relationship of C.N.; Valerie Newman and Josh Newman v. Scott County Department of Child Services (NFP) - "For the foregoing reasons, we affirm the trial court’s involuntary termination of Mother and Father’s parental rights to C.N."

In Old Paths Baptist Church, an Unincorporated Association, and John T. Lewis v. Dan Young, Duane Cleghorn, Bert Engler, et al (NFP), a 24-page opinion, Judge Robb writes:

Old Paths Baptist Church, an independent unregistered church in Campbellsburg, Indiana (“Old Paths”), appeals from the trial court’s judgment against it in its action against various individuals regarding a dispute over ownership of land. In addition, John Lewis, pastor of Old Paths, appeals from the trial court’s judgment against him on Nora Shepherd’s counterclaims against him. * * *

The trial court properly determined that there was an oral contract for the purchase of land and that part performance of the contract removed it from the requirements of the Statute of Frauds. Evidence adduced at trial supported the trial court’s order of specific performance and imposition of a constructive trust. The trial court’s findings regarding the legal descriptions of the three parcels of land were supported by the evidence. Lewis was not deprived of due process in the service of Nora’s counterclaims against him, and the trial court’s conclusion that Lewis should pay Nora’s attorney’s fees was not clearly erroneous. The judgment of the trial court is, therefore, affirmed.

Mirar Development, Inc. v. Leland Mark Scott (NFP) - "Mirar Development, Inc. (“Mirar”) appeals the judgment of the Lake Circuit Court in favor of Leland Mark Scott (“Scott”) in Scott’s action seeking payment for work performed as a sub-contractor on behalf of Mirar. Upon appeal, Mirar presents two issues, which we restate as: (1) whether the applicable statute of limitations bars Scott’s action; and (2) whether the amount awarded to Scott was proper.
We affirm."

NFP criminal opinions today (9):

Eddie G. Love v. State of Indiana - "Love’s argument is merely an invitation to assess the informant’s credibility and reweigh the evidence in his favor. This we may not do. Therefore, we affirm."

Robert Gaddie v. State of Indiana (NFP)

Jeremiah Kelley v. State of Indiana (NFP)

Stephanie J. Parman v. State of Indiana (NFP)

Brian Campbell v. State of Indiana (NFP)

Michael Bales v. State of Indiana (NFP)

Eddie G. Love v. State of Indiana (NFP)

Leroy McClain v. State of Indiana (NFP)

Christopher Culbreath v. State of Indiana (NFP)

Posted by Marcia Oddi on October 30, 2007 06:20 PM
Posted to Ind. App.Ct. Decisions