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Wednesday, February 27, 2008

Ind. Decisions - Court of Appeals issues 1 today (and 11 NFP)

For publication opinions today (1):

Ramifications of problems in the Clerk's Office continue. In Lake Cnty. Election Board & Registration, Myrna Maldonado, Richard Medina & Juda Parks v. Anthony Copeland, a 7-page opinion, Judge Vaidik writes:

Lake County Board of Elections and Registration (“Election Board”) and Myrna Maldonado, Richard Medina, and Juda Parks (“Challengers”) (collectively “Appellants”) appeal the trial court’s order requiring the Election Board to place Anthony Copeland’s name on the ballot for the November 6, 2007, General Election for an At-Large seat on the City of East Chicago Common Council as an Independent. Although this case had an expedited briefing schedule so that the issues could be resolved before the November 2007 General Election, for reasons not entirely clear the case was not transmitted to this Court until January 2008, well after the election. Because Copeland lost and Challengers won in that election, the issues are now moot. We therefore dismiss this appeal. * * *

According to the briefing schedule, Copeland’s brief was due approximately two weeks before the November 6, 2007, General Election. * * *

What happened from this point on is not entirely clear. What we do know is that Appellants’ briefs are filestamped October 24, 2007, while Copeland’s briefs were not initially filestamped at all.[3] The Clerk of the Courts Online Docket shows that both sets of briefs were submitted either before or on their respective due dates. However, due to some alleged defects, the briefs were either filestamped after their due date (in the case of Appellants) or were not initially filestamped at all (in the case of Copeland). In any event, despite the extremely expedited nature of this appeal, this case lingered for unknown reasons in the Clerk’s Office until January 2008—well after the November 2007 General Election—at which point it was finally transmitted to this Court. * * *
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[3] When this matter was recently brought to the attention of the Clerk’s Office, Copeland’s briefs were back-filestamped October 24, 2007.

Some readers may recall the COA decision from Oct. 16, 2007, which contained this footnote:
[1] This case was eligible for transmission to the Indiana Court of Appeals on December 15, 2006. By oversight, it was not transmitted from the Clerk’s Office to this court until September 21, 2007.
These incidents bring to mind the Jan. 23, 2008 ILB entry quoting Chief Judge Baker, that concluded: "The good news, says Judge Baker, is that according to Clerk Smith, everything should be caught up by mid-February." Also this note the ILB received from an appellate practitioner the same day.

NFP civil opinions today (3):

Richard Alan Starr v. Crystal F. Peters (NFP) - "Richard A. Starr (“Starr”) appeals a negative judgment upon his small claims complaint against Crystal F. Peters (“Peters”). We dismiss. We raise a single, dispositive issue sua sponte: whether Starr followed the appellate rules."

Dale Englehardt v. Lana Clark (NFP) - Small claims court decision affirmed.

In Hawk Development Corp. v. Craig Van Prooyen and White Hawk Country Club Home Owners Assn., Inc. (NFP), a 29-page opinion, Judge Sharpnack writes:

Hawk Development Corp. (“Hawk”) appeals the trial court’s grant of a motion by White Hawk Country Club Home Owners Association Inc. (“HOA”) and Craig Van Prooyen for a preliminary injunction against Hawk. Hawk raises five issues, which we revise and restate as: I. Whether the HOA and Van Prooyen have standing; II. Whether the trial court’s grant of a preliminary injunction was clearly erroneous; and III. Whether the trial court abused its discretion by granting the preliminary injunction without requiring the HOA and Van Prooyen to post a security bond pursuant to Ind. Trial Rule 65(C). We affirm.
NFP criminal opinions today (8):

Matter of J.R. v. State of Indiana (NFP)

Dennis C. Fox, II v. State of Indiana (NFP)

James R. Stephens v. State of Indiana (NFP)

Juanelo Martinez-Garcia v. State of Indiana (NFP)

Thomas Aguilar v. State of Indiana (NFP)

Rodney Williamson v. State of Indiana (NFP)

Robert S. Pickett v. State of Indiana (NFP)

Louis Richard Harris, Jr. v. State of Indiana (NFP)

Posted by Marcia Oddi on February 27, 2008 12:12 PM
Posted to Ind. App.Ct. Decisions