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Monday, August 04, 2008

Ind. Decisions - Court of Appeals issues 4 today (and 7 NFP)

For publication opinions today (4):

In Filemon Sanchez v. State of Indiana , a 5-page opinion, Judge May writes:

Filemon Sanchez appeals his sentence of forty years in the Indiana Department of Correction for Class A felony dealing in cocaine. Sanchez argues the sentence is inappropriate based on his character and the nature of his offense. * * *

The court specifically noted the amount of cocaine sold was not a factor in sentencing because it is an element of the offense. Nor did it note anything else about Sanchez’s crime to distinguish it from a typical dealing in cocaine offense. Although the nature of Sanchez’s offense is not remarkable, Sanchez’s character supports the enhancement of his sentence. We find his sentence appropriate. Affirmed.

In Robert Rovai v. Ann Marie Rovai, a 7-page opinion, Sr. Judge Sullivan writes:
Robert Rovai (Husband) challenges the dissolution decree dissolving his marriage with AnnMarie Rovai (Wife) insofar as it pertains to the distribution of the marital assets and liabilities. More particularly, Husband makes three claims which we rephrase as follows: (1) The court erred in specifically determining that the monetary award to husband as reduced to judgment was payable “without judgment interest.”; (2) The court erred in conditioning payment of the monetary judgment to husband on any of three occurrences, two of which were within wife’s control; and (3) The court erred in apportioning federal and state tax refunds for three years according to the respective incomes of the parties for the particular year. * * *

We conclude that the court did not err with regard to any of the issues presented by husband upon appeal; accordingly, we affirm the judgment of the court.

Fern E. Firestone, et al v. American Premier Underwriters , an 8-page opinion, Sr. Judge Sharpnack writes:
Appellants-Plaintiffs Wayne E. Boyd and Bunker Farms, LLC, by Dean V. Kruse (collectively “Bunker Farms”) appeal a judgment enjoining them from pursuing a quiet title action and ordering DeKalb County officials to issue title of real estate to American Premier Underwriters, Inc. (“APU”), formerly known as Penn Central Corporation. We affirm.

Bunker Farms raises one issue for our review, which we restate as: Whether the trial court erred in concluding Bunker Farms’ claims to the subject real estate do not fall within the category of title disputes excluded from the scope of the declaratory judgment entered by the Boone Circuit Court on October 25, 2004. * * *

The trial court properly interpreted Paragraph 8 of its 2004 declaratory judgment order; therefore, its January 29, 2008 order was not erroneous. Affirmed.

In Michael B. Smith v. State of Indiana , a 22-page opinion, Judge May writes:
Michael B. Smith appeals his conviction of murder, arguing evidence was admitted in violation of Ind. Evidence Rule 404(b) and the evidence was insufficient to support his conviction. * * *

There was sufficient evidence for a rational jury to find Michael guilty of murder. Affirmed.

NFP civil opinions today (2):

Kevin R. Boyd, et al v. The Board of County Commissioners of Daviess County, Indiana (NFP) - "Boyd argues, without citation to authority, that it is for the court, rather than a party, to invoke the public standing doctrine. 'A party waives an issue where he fails to develop a cogent argument or provide adequate citation to authority and portions of the record.' City of East Chicago v. East Chicago Second Century, Inc., 878 N.E.2d 358, 369 (Ind. Ct. App. 2007), reh’g denied; see also Ind. App. R. 46(A)(8)(a). Therefore, we affirm the dismissal of Boyd’s case."

In the Matter of L.A.R., Janel R. v. Tippecanoe Co. Dept. of Child Services (NFP) - "Nevertheless, we note that, even if Mother’s reports to Reynolds and Stone were inaccurate, other findings by the trial court are more than adequate to support the determination L.A.R. is a CHINS." Affirmed.

NFP criminal opinions today (5):

Stephen J. Taylor v. State of Indiana (NFP)

Roy Singh v. State of Indiana (NFP)

Taro Brewer v. State of Indiana (NFP)

Antwan Jumar Love v. State of Indiana (NFP)

Michael L. Cox v. State of Indiana (NFP)

Posted by Marcia Oddi on August 4, 2008 02:08 PM
Posted to Ind. App.Ct. Decisions