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Monday, February 21, 2011

Ind. Decisions - Court of Appeals issues 2 today (and 15 NFP)

For publication opinions today (2):

In Sherree Demming v. Cheryl Underwood and Kenneth Kinney , a 30-page opinion dealing with common law and statutory agency, constructive fraud and construtive trust, and the doctrine of vicarious liability. Judge Mathias' opinion begins:

Sheree Demming appeals from the Monroe Circuit Court's entry of summary judgment in favor of Cheryl Underwood and Kenneth Kinney on Demming's claims for breach of fiduciary duty and constructive fraud, as well as Demming's request for the imposition of a constructive trust. We reverse and remand for proceedings consistent with this opinion.

The facts most favorable to the non-moving party establish that Demming is a real estate investor in the business of acquiring properties in the Bloomington, Indiana area for remodeling, renovation, leasing, and sale. Demming, who has never held a realtor's license, engaged Underwood's professional services as a realtor to buy and sell properties on multiple occasions between July 2002 and April 2007. During this time, Demming routinely discussed her real estate investment strategy with Underwood, including her plans to acquire multiple properties within a “target zone” near the Indiana University campus.

In Joshua Burke v. State of Indiana , a 13-page opinion, Judge Vaidik writes:
Joshua Burke appeals his conviction for Class B felony burglary. Burke contends that Indiana Code section 35-43-2-1(1)(B)(ii), which enhances burglary from a Class C felony to a Class B felony if the building or structure burgled is a structure used for religious worship, violates the Establishment Clause of the First Amendment to the United States Constitution and Article 1, Section 4 of the Indiana Constitution. We conclude that Section 35-43-2-1(1)(B)(ii) does not violate the Establishment Clause of the First Amendment because it has a secular legislative purpose, its primary effect neither advances nor inhibits religion, and it does not foster an excessive government entanglement with religion. We also conclude that Section 35-43-2-1(1)(B)(ii) does not violate Article 1, Section 4 of the Indiana Constitution because it does not materially burden Section 4's core constitutional value. We therefore affirm the trial court.
NFP civil opinions today (7):

Jimmy Vance v. Caesars Entertainment, Inc. (NFP)

Rick Delon v. Timothy Rallings, et al. (NFP)

Term. of Parent-Child Rel. of T.G.; P.G. v. IDCS (NFP)

Paternity of W.H.; S.S. v. D.H. (NFP)

Adoption of T.L.; D.F., K.F. v. M.J. (NFP)

Duane Walters v. Home Bank, S.B. (NFP)

Term. of Parent-Child Rel. of J.J. and H.J.; H.A. v. IDCS (NFP)

NFP criminal opinions today (8):

Jammy Daniels v. State of Indiana (NFP)

Donald Baker III v. State of Indiana (NFP)

Joe E. Smithson v. State of Indiana (NFP)

Kenneth Bradley v. State of Indiana (NFP)

Juan Stallworth v. State of Indiana (NFP)

Eric Welch v. State of Indiana (NFP)

Scott Malott v. State of Indiana (NFP)

Randall Spears v. State of Indiana (NFP)

Posted by Marcia Oddi on February 21, 2011 01:45 PM
Posted to Ind. App.Ct. Decisions