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Thursday, October 17, 2013

Ind. Decisions - Court of Appeals issues 2 today (and 11 NFP)

For publication opinions today (2):

In North American Roofing Services, Inc. v. Menard, Inc., a 10-page opinion, Sr. Judge Sharpnack writes:

Menard, Inc., hired North American Roofing Services, Inc. (“NARSI”), to install a roof on a new store that was being built. During construction, a portion of the structure collapsed and fell on two workers, injuring them and resulting in lawsuits. After the roof was completed, Menard refused to pay NARSI, and NARSI filed suit. NARSI now appeals the trial court’s denial of its motion for partial summary judgment and the grant of summary judgment to Menard. We reverse and remand. * * *

For the reasons stated above, we reverse the judgment of the trial court and remand with instructions to: (1) deny Menard’s motion for summary judgment on NARSI’s claims for breach of contract and foreclosure of mechanic’s lien; (2) grant NARSI’s motion for partial summary judgment on its claim for breach of contract; and (3) move forward to resolve NARSI’s claim to foreclose upon mechanic’s lien.

In Timothy L. Hyser v. State of Indiana, a 13-page opinion, Judge Brown writes:
Timothy L. Hyser appeals his convictions for child molesting as a class A felony and child molesting as a class C felony. Hyser raises three issues, one of which we find dispositive and restate as whether he was improperly denied a meaningful opportunity to present a complete defense. We reverse. * * *

The testimony and evidence Hyser wished to elicit and present was exculpatory, unique, and critical to his defense. The trial court did not permit Hyser to present his defense that the allegations and testimony against him were untrue and fabricated in retaliation or response to the fact that he had made a report to DCS that he believed Marner was physically abusive toward J.M. Hyser had the right, as a fundamental element of due process of law, to present his own witnesses to establish a defense and to present his version of the facts. Kubsch, 784 N.E.2d at 924. The Indiana Rules of Evidence did not prohibit him from presenting the evidence and testimony he wished to present and elicit. Based upon the record, the exclusion of the evidence Hyser wished to present deprived him of a meaningful opportunity to present a complete defense. Accordingly, we reverse Hyser’s convictions on this basis and note that the State is not barred from retrying Hyser.

NFP civil opinions today (3):

Bush Truck Leasing, Inc., v. Indiana Farmers Mutual Insurance Company (NFP)

FSF Presidential Estates, Associates, LLC, individually and d/b/a Presidential Estates Apartments and Indianapolis Power and Light v. Joshua Grounds, Fleener Roofing & Guttering, LLC (NFP)

Frances Ashton v. City of Indianapolis (NFP)

NFP criminal opinions today (8):

Anthony Worl v. State of Indiana (NFP)

Antonio Hughley v. State of Indiana (NFP)

William J. Eisele v. State of Indiana (NFP)

Darren Englert v. State of Indiana (NFP)

Jeffery Bonds v. State of Indiana (NFP)

Darrail Mix v. State of Indiana (NFP)

Harold Ferrin v. State of Indiana (NFP)

Justin Dent v. State of Indiana (NFP)

Norman T. Podell v. State of Indiana (NFP)

David Davenport v. State of Indiana (NFP)

Miguel Perez v. State of Indiana (NFP)

Devon Miller v. State of Indiana (NFP)

Stanley D. Wills v. State of Indiana (NFP)

Posted by Marcia Oddi on October 17, 2013 12:04 PM
Posted to Ind. App.Ct. Decisions