« Ind. Gov't. - "States are moving to set up health insurance exchanges" What about Indiana? | Main | Stage Collapse - "State Fair Hires Execs To Oversee Safety Plans" »

Thursday, May 10, 2012

Ind. Decisions - Court of Appeals issues 3 today (and 8 NFP)

For publication opinions today (3):

In Lathisha Lawson v. State of Indiana , a 17-page opinion, Judge Barnes writes:

Latisha Lawson appeals her convictions for murder, Class C felony neglect of a dependent, Class D felony neglect of a dependent, and Class D felony battery. We affirm.

The sole issue before us is whether there is sufficient evidence to support the jury’s rejection of Lawson’s insanity defense. * * *

It may be, as suggested by defense counsel at oral argument, that Galloway requires closer appellate scrutiny of insanity defense claims than had been the case before. Still, even after applying such scrutiny in this case, we hold there is sufficient evidence to support the jury’s rejection of Lawson’s insanity defense. We affirm.

In Allison Riggle v. State of Indiana , a 4-page opinion, Judge Darden concludes:
Citing to Gunn, Riggle argues that the traffic stop was invalid because she did not commit a traffic violation when she turned left onto Martin Luther King Avenue. See id. at 140 (finding that the statute governing turns at intersections does not require drivers making a left turn to enter the second road in the closest left lane). The State concedes this issue, and we agree. Accordingly, we reverse and remand with instructions that the trial court vacate Riggle’s conviction.
In Thomas A. Neu and Elizabeth A. Neu, and Wells Fargo Bank, N.A. v. Brett Gibson , a 35-page opinion, Judge Riley concludes:
Based on the foregoing, we conclude that the proceedings pertaining to the Indiana Real Estate became fully satisfied when Gibson obtained a foreclosure judgment on the Michigan Real Estate and submitted a full credit bid based on the same promissory note that was the basis of the Indiana foreclosure proceedings. In addition, we find that Appellants established bad faith pursuant to I.C. § 34-52-1-1 when Gibson failed to disclose the Michigan foreclosure judgment and sheriff’s sale. Therefore, we remand to the trial court for determination of reasonable attorney fees in favor of Appellants.
NFP civil opinions today (1):

In Re the Estate of Nancy Jean McMillen, Donna McMillen v. Thomas Kane (NFP)

NFP criminal opinions today (7):

Larry R. Busche, II v. State of Indiana (NFP)

Raymond H. Mims v. State of Indiana (NFP)

Sharon D. Collins v. State of Indiana (NFP)

Gary W. Ferguson v. State of Indiana (NFP)

Seth T. Lipscomb v. State of Indiana (NFP)

Michael West v. State of Indiana (NFP)

Russell W. Yerden v. State of Indiana (NFP)

Posted by Marcia Oddi on May 10, 2012 11:00 AM
Posted to Ind. App.Ct. Decisions