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Friday, February 28, 2014

Ind. Decisions - Court of Appeals issues 2 today (and 18 NFP)

For publication opinions today (2):

In Mary L. Anderson v. Wayne Post 64, American Legion Corp., a 16-page opinion, Judge Najam writes:

Mary L. Anderson appeals the trial court’s order setting aside its default judgment against Wayne Post 64, American Legion Corporation (“American Legion”). Anderson raises two issues for our review, but we address only the following dispositive issue: whether the trial court erred when it set aside its default judgment against the American Legion as void because the method employed by Anderson to serve process on the American Legion was not the method best calculated to inform the American Legion of Anderson’s lawsuit. We affirm. * * *

Considering all the facts and circumstances, we agree with the trial court that Anderson did not adequately serve process on the American Legion. We hold that Anderson’s attempt to serve process on the American Legion was inadequate as a matter of law and, thus, that the trial court did not have personal jurisdiction over the American Legion and its default judgment was void. Accordingly, we affirm the trial court’s order setting aside its default judgment.

In Kenneth Seales v. State of Indiana , a 10-page opinion, Judge May writes:
Kenneth Seales appeals the denial of his motion to remove him from the sex offender registry and his motion to correct error. As the additional registration requirements imposed on him after a 2006 change in the law do not amount to an impermissible ex post facto law, we affirm. * * *

[In Gonzalez] [o]ur Supreme Court held the ex post facto clause of the Indiana Constitution prohibited retroactive application of the lifetime registration requirement. The Gonzalez facts are similar in most respects to those in the case before us. However, because of one significant distinction, we cannot reach the same result. * * *

It is with the seventh factor, whether the statute appears excessive in relation to the alternative purpose assigned, that our facts diverge significantly from those in Gonzalez, where the Court noted “previous cases have reached differing results based on the outcome of this final factor.” Id. There, the seventh factor was found to be punitive for a defendant convicted and released before passage of the Act in 1994. Id. (citing Wallace, 905 N.E.2d at 384). In Wallace, it was significant that “the Act provide[d] no mechanism by which a registered sex offender can petition the court for relief from the obligation of continued registration and disclosure. Offenders cannot shorten their registration or notification period, even on the clearest proof of rehabilitation.” Wallace, 905 N.E.2d at 384. * * *

The effects of the Act were seen differently in Jensen, where such a mechanism was in place. * * *

As Seales, like Jensen, has available to him avenues of relief related to his future dangerousness “in relation to the alternative purpose assigned, protection of the public,” id. at 321, we find the seventh factor weighs in favor of treating the lifetime registration requirement as non-punitive, and we therefore cannot say it was error for the trial court to deny Seales’ petition to be removed from the sex offender registry. Affirmed.

NFP civil opinions today (5):

In the Matter of the Termination of the Parent-Child Relationship of Q.L. and M.L., M.F., Jr., and N.L. v. Indiana Department of Child Services (NFP)

Joy Elaine Gwinn v. Harry J. Kloeppel & Associates, Inc (NFP)

Mario Sims, Sr., and Tiffiny Sims, et al. v. The Bank of New York Mellon f/k/a The Bank of New York as Trustee for the Certificate Holders CWABS, Inc., et al. (NFP)

Leon Rice, Inc. v. Review Board of the Indiana Department of Workforce Development and Roger Anderson (NFP)

In the Matter of the Adoption of O.R.: N.R. v. K.G. and C.G. (NFP)

NFP criminal opinions today (13):

Eddie Hughes v. State of Indiana (NFP)

Terry Lee Duckworth v. State of Indiana (NFP)

Debra Sue Miles v. State of Indiana (NFP)

Scott Logan v. State of Indiana (NFP)

D.K. v. State of Indiana (NFP)

Alonzo Golston Williams III v. State of Indiana (NFP)

David Ball v. State of Indiana (NFP)

Joshua Basey v. State of Indiana (NFP)

James A. Lynn v. State of Indiana (NFP)

Deion Taylor v. State of Indiana (NFP)

Stewart Gase v. State of Indiana (NFP)

Johnny Leon Burchett v. State of Indiana (NFP)

Christopher M. Galvan v. State of Indiana (NFP)

Posted by Marcia Oddi on February 28, 2014 10:42 AM
Posted to Ind. App.Ct. Decisions