Monday, October 15, 2012
Ind. Decisions - Transfer list for week ending Oct. 12, 2012
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Here is the Clerk's transfer list for the week ending Friday, Oct. 12, 2012. It is two pages (and 29 cases) long.
Two transfers were granted last week:
- Dennis Jack Horner v. Marcia (Horner) Carter - This was a 12-page, June 13, 2012 COA opinion:
Seven years after Dennis Jack Horner (“Husband”) and Marcia (Horner) Carter (“Wife”) reached a mediated settlement agreement during dissolution proceedings, Husband sought to modify the terms of that agreement on the basis of mistake. The trial court denied his request. Husband now appeals, contending that the trial court should have allowed him to offer extrinsic evidence—specifically, communications that occurred during mediation—to show that there was a mistake in the drafting of the agreement. We conclude that Alternative Dispute Resolution Rule 2.11 and Indiana Evidence Rule 408 allow the introduction of mediation communications to establish traditional contract defenses. We also find that the trial court correctly determined that the agreement in this case provided for a property settlement that survived Wife’s remarriage. We affirm.
- Brad W. Passwater v. State of Indiana - This was a 10-page, July 25, 2012 NFP COA opinion involving PCR, concluding: "Indeed, it would seem that his defense counsel chose a sound strategy in requesting the instruction given the apparent misunderstanding of the consequences expressed by a juror during voir dire. Passwater has not shown any deficient performance by his defense counsel, and, therefore, his claim of ineffective assistance of counsel is unavailing."
Posted by Marcia Oddi on October 15, 2012 11:31 AM
Posted to Indiana Transfer Lists