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Monday, June 22, 2009

Ind. Decisions - Court of Appeals issues 1 today (and 9 NFP)

For publication opinions today (1):

Tamica M. Webster v. State of Indiana is an 11-page, 2-1 opinion where the majority reverses Tamica Webster's conviction for Class C felony possession of cocaine. Judge Barnes concludes:

Trooper Parchman’s warrantless search of Webster’s purse violated her rights under Article 1, Section 11 of the Indiana Constitution. The evidence obtained as a result of the search should not have been admitted into evidence. We reverse.
Cjief Judges Baker dissents, concluding:
In sum, I believe that Trooper Parchman’s actions were reasonable. As a result, the trial court did not abuse its discretion in admitting the cocaine into evidence and I would affirm Webster’s conviction.
NFP civil opinions today (3):

Herman Button v. Sue James (NFP) - "The trial court improperly threatened Button with imprisonment for his failure to propose a plan to pay the judgment, and any order requiring him to pay a judgment must be based on Button‟s ability to pay it. We reverse and remand."

Brian Holtzleiter v. Angela Holtzleiter (NFP) - "Appellant-Respondent, Brian Holtzleiter (Brian), appeals the trial court’s Decree of Dissolution of Marriage, dissolving his marriage to Appellee-Petitioner, Angela Holtzleiter (Angela). We affirm in part, reverse in part, and remand with instructions."

James Ashburn and Lynette Ashburn, et al v. Memorial Hospital of South Bend, Dr. Jeanne E. Ballard, M.D., et al (NFP) - "We conclude that the trial court abused its discretion in striking Dr. Hegyi’s affidavit. As such, the trial court erred in entering summary judgment in favor of Dr. Ballard and the Group. We remand that claim for trial. We further conclude that the trial court properly entered summary judgment in favor of Memorial, as the record contains no evidence that Dr. Ballard failed to satisfy her duty of care with respect to obtaining informed consent."

NFP criminal opinions today (6):

Juan Hernandez v. State of Indiana (NFP)

Cantrell Byrd v. State of Indiana (NFP)

Cary L. Patrick v. State of Indiana (NFP)

Douglas Cure v. State of Indiana (NFP)

Phillip R. Benson v. State of Indiana (NFP)

Guiseppi Bailey v. State of Indiana (NFP)

Posted by Marcia Oddi on June 22, 2009 02:02 PM
Posted to Ind. App.Ct. Decisions