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Thursday, January 24, 2013

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

For publication opinions today (3):

In William Pereira and Joseph McConnell v. Monica Pereira, John LeFebre and Karen LeFebre , a 13-page opinion, Judge Bailey writes:

William Pereira and Joseph McConnell appeal a summary judgment order which denied their complaint to quiet title in real estate acreage bequeathed by Joseph Sleeper (“Sleeper”) and allowed inheritance of a share of the acreage by John LeFebre and Karen LeFebre. We affirm.

A single issue is presented for review: whether the trial court erred in granting summary judgment, based upon a construction of Sleeper’s will to conclude that he had not devised a contingent remainder, subject to the condition of outliving a life tenant, but rather had made a gift to a class, which included John and Karen LeFebre’s mother, with a life estate intervening.

In Danny Boling v. State of Indiana , a 12-page opinion, Chief Judge Robb concludes:
The evidence is sufficient to support Boling’s conviction of attempted child molesting as a Class A felony and his forty-five year sentence is not inappropriate. However, the trial court erred in determining him to be a credit restricted felon because IC 35-31.5-2-72 does not include attempted child molesting as an offense for which one can be found a credit restricted felon. The conviction and sentence are affirmed, the credit restricted felon designation is reversed, and the case is remanded to the trial court to amend its records consistent with this opinion.
In Diano L. Gordon v. State of Indiana , a 10-page opinion, Judge Mathias concludes:
The admission of Pearce’s show-up and subsequent in-court identifications of Gordon did not amount to fundamental error because the show-up procedure was not unduly suggestive. We also conclude that the rule of lenity does not apply in this case, and therefore, we affirm Gordon’s Class D felony escape conviction.
NFP civil opinions today (1):

P.P. v. J.C. (NFP)

NFP criminal opinions today (2):

Terry Pounds v. State of Indiana (NFP)

E. Paul Haste v. State of Indiana (NFP)

Posted by Marcia Oddi on January 24, 2013 10:41 AM
Posted to Ind. App.Ct. Decisions