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Thursday, February 14, 2013

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

For publication opinions today (3):

In American Acceptance Co., LLC., as Assignee of Washington Mutual Finance v. Melissa Willis, a 5-page opinion, Judge Barnes writes:

American Acceptance Co., LLC, as assignee of Washington Mutual Finance (“American Acceptance”), appeals the trial court’s denial of its motion for a garnishment order against Melissa Willis. We affirm.

American Acceptance raises one issue, which we restate as whether the trial court properly denied its motion for a garnishment order against Willis. * * *

Thus, the trial court “may order” the garnishment of the debtor’s income to be applied to satisfy the judgment. I.C. § 34-55-8-7(a). The trial court here was not required to order garnishment of Willis’s income. Instead, it was within the trial court’s discretion to do so. The trial court chose to order that the Clerk of the Knox Circuit/Superior Court “not to release the bond in Cause Number 42D01-1010-FB-139, State vs. Todd Willis, until a hearing can be held in this cause of action for purposes of settlement.” Given Willis’s circumstances, the trial court did not abuse its discretion. Consequently, the trial court did not err when it denied American Acceptance’s motion for a garnishment order.

In James Roberson v. State of Indiana , a 17-page opinion, Judge Barnes reverses for ineffective assistance of counsel, concluding:
Roberson received ineffective assistance of trial counsel with respect to failing to ensure that the jury was properly instructed regarding the elements of murder, voluntary manslaughter, and the State’s burden of proof regarding sudden heat. We reverse the denial of Roberson’s PCR petition and remand for further proceedings consistent with this opinion.
In Daquan Whitener v. State of Indiana , a 24-page opinion, Judge Brown writes:
Daquan Whitener appeals his conviction for burglary as a class A felony and the trial court’s determination that he register as a sex offender as a condition of probation. Whitener raises two issues which we revise and restate as:
I. Whether the evidence is sufficient to sustain his conviction for burglary as a class A felony; and
II. Whether the court erred in ordering that he register as a sex offender as a condition of probation.
Additionally, the State raises an issue on cross-appeal, namely, whether the court properly declined to enter a judgment of conviction for rape as a class B felony based upon double jeopardy principles. We affirm.
NFP civil opinions today (2):

David Garden and Star Homes, Inc. d/b/a Garden Homes Realty v. Lucas International, LLC and Wade Lucas (NFP)

Charles L. Myers v. Glen L. Williams (NFP)

NFP criminal opinions today (3):

Omar G. Burton v. State of Indiana (NFP)

James N. Arnold v. State of Indiana (NFP)

Kevin Pendleton v. State of Indiana (NFP)

Posted by Marcia Oddi on February 14, 2013 11:55 AM
Posted to Ind. App.Ct. Decisions