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Tuesday, December 04, 2012

Ind. Decisions - Court of Appeals issues 3 today (and 5 NFP)

For publication opinions today (3):

In Lane Alan Schrader Trust as Trustee under the Trust Agreement dated 16th day of November, 1999, and known as Lane Alan Schrader Self-Declaration of Trust v. Larry Gilbert and Nancy J. Malecki, a 3-page opinion in a petition for rehearing in a case challenging a legal survey, Judge Baker concludes:

Petition for rehearing granted for the purpose of clarification. Otherwise, we stand by our previous opinion.
In James T. Mitchell v. 10th And The Bypass, LLC, and Elway, Inc., a 6-page opinion on a petition for rehearing, Judge Najam writes:
James T. Mitchell has filed a petition for rehearing asking that we reconsider our holding that the trial court did not abuse its discretion when it vacated its interlocutory partial summary judgment for Mitchell under Indiana Trial Rule 54(B). We grant Mitchell’s petition to address his contention that our opinion misunderstands and mischaracterizes his argument. We think not. After careful consideration, we conclude that on rehearing Mitchell attempts to adjust and supplement his original argument, which he cannot do. Having reviewed the original briefing, we conclude that we correctly decided the question presented in the first instance on appeal, and, therefore, we affirm our opinion in all material respects.
In Jerry Vanzyll v. State of Indiana , a 15-page opinion, Judge Mathias concludes:
The trial court did not abuse its discretion when it admitted the jail guard’s testimony that Vanzyll admitted to writing the letter that was also admitted at trial as State’s Exhibit 8A. The evidence was sufficient to prove that Vanzyll manufactured methamphetamine. However, the State failed to present sufficient evidence that Vanzyll committed Class A misdemeanor resisting law enforcement, and therefore, we reverse that conviction.

Affirmed in part, reversed in part, and remanded for proceedings consistent with this opinion.

NFP civil opinions today (1):

Richard Eric Johnson v. Gillian Wheeler Johnson (NFP)

NFP criminal opinions today (4):

Brian A. McKinney v. State of Indiana (NFP)

B.W. v. State of Indiana (NFP)

Robert E. Eastwood v. State of Indiana (NFP)

S.J. v. State of Indiana (NFP)

Posted by Marcia Oddi on December 4, 2012 11:54 AM
Posted to Ind. App.Ct. Decisions