Wednesday, March 07, 2012
Ind. Decisions - Court of Appeals issues 2 today (and 5 NFP)
For publication opinions today (2):
In Ronald E. Izynski and Linda Izynski, et al. v. Chicago Title Insurance Company , a 12-page opinion, Judge May writes:
Ronald and Linda Izynski bought real estate in Porter County from Charles Ashton. The land was burdened with an easement that was publicly recorded but was not indicated on numerous versions of a title commitment issued by Chicago Title Insurance Company (Chicago Title). The Izynskis sued Chicago Title for breach of contract and negligence, and after a bench trial the trial court found for Chicago Title. We reverse and remand. * * *In Angela C. Garrett v. State of Indiana, an 8-page opinion, Judge May writes:
We accordingly reverse and remand for the trial court to determine whether the Izynskis might have an action for negligent misrepresentation against Chicago Title, and if so whether the elements of that tort are satisfied and whether and to what extent the Izynskis sustained damages.
Angela Garrett appeals her conviction of dealing methamphetamine, a Class A felony.1 She argues the trial court should have instructed the jury on the lesser-included offense of possession of methamphetamine. We reverse and remand. * * *NFP civil opinions today (2):
The trial court should have given a lesser-included offense instruction because there was a serious evidentiary dispute about whether Garret had intent to deal methamphetamine. * * *
In this case it is the element of intent to deliver that distinguishes dealing in methamphetamine from the lesser-included offense of possession of methamphetamine. There was a serious evidentiary dispute as to whether Garrett merely possessed methamphetamine or also intended to deliver it. Therefore, the instruction on possession should have been given. * * *
As the jury was not properly instructed, we must reverse Garrett’s conviction and remand for a new trial.
NFP criminal opinions today (3):
Posted by Marcia Oddi on March 7, 2012 10:27 AM
Posted to Ind. App.Ct. Decisions