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Wednesday, April 25, 2012

Ind. Decisions - Court of Appeals issues 2 today (and 4 NFP)

For publication opinions today (2):

In The Kroger Company v. WC Associates, LLC, as successor in interest to Metro Acquisitions, LLC, a 19-page opinion involving a reciprocal easement agreement, Judge Barnes concludes:

The trial court properly granted summary judgment to WC Associates on its breach of contract claim and properly granted WC’s request for sanctions under Indiana Trial Rule 56(G). However, the trial court erred by granting summary judgment on WC’s claims of criminal mischief, criminal trespass, and criminal conversion. We grant WC’s request for appellate attorney fees regarding its breach of contract action, but we deny WC’s request for appellate attorney fees pursuant to Indiana Appellate Rule 66(E). We affirm in part, reverse in part, and remand for further proceedings consistent with this opinion.
In John Ludack v. State of Indiana, a 17-page opinion, Judge Crone writes:
John Ludack was convicted of two counts of class A felony child molesting and adjudicated a habitual offender and sentenced to an aggregate term of one hundred thirty years. On appeal, he argues that his constitutional right against compulsory self-incrimination was violated when the detective who interviewed him testified that Ludack neither admitted nor denied the allegations of child molesting but just asked to stop speaking. Ludack also argues that his sentence is inappropriate in light of the nature of the offenses and his character.

We conclude that defense counsel, by first asking the detective whether Ludack had admitted the allegations of child molestation during the interview, opened the door to the detective’s testimony. We also conclude that Ludack fails to carry his burden to persuade us that his sentence is inappropriate. Therefore, we affirm his convictions and sentence.

NFP civil opinions today (1):

Marsha Spurr v. Robert Spurr (NFP)

NFP criminal opinions today (3):

D.M. v. State of Indiana (NFP)

Clarence Moore v. State of Indiana (NFP)

Abraham Patterson v. State of Indiana (NFP)

Posted by Marcia Oddi on April 25, 2012 12:10 PM
Posted to Ind. App.Ct. Decisions