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Monday, August 11, 2014

Ind. Decisions - Court of Appeals issues 4 today (and 17 NFP)

For publication opinions today (4):

In L.C. Westervelt, Margaret Fox, Joe Dan Trigg, Attorney-in-Fact and Trustee for Lillian Guild, Marilyn Guild, Ramah Lee Jones, Janice Trigg, et al. v. George Woodcock III, d/b/a West Drilling Company, a 14-page decision with two opinions, Judge May writes:

Carolyn Sue Stinson appeals a summary judgment that determined her mineral interest had lapsed. As she paid taxes on it, there was no lapse. Reversed and remanded.

KIRSCH, J., concurs.
BAILEY, J., concurs in result with separate opinion. [that begins, at p. 10] The majority in this case concludes that Stinson paid ad valorem taxes on royalties she received from her mineral interest in land, and the payment of these taxes had the effect of tolling the Dormant Mineral Act’s (“the Act”) twenty-year period requiring reversion of an unused mineral interest. The majority accordingly reverses the trial court’s decision finding that Stinson’s interest had reverted to Woodcock. While I agree with the majority’s result, I disagree with the majority’s construction and application of the Act. I write separately to explain my disagreement with the majority’s rationale.

In Marcus Richardson v. Wendy Knight , a 4-page opinion involving a pro se appellant, Judge May concludes:
As Richardson’s petition attacks the validity of his conviction and sentence, it falls within Indiana Post-Conviction Rule 1(1)(c) and must be transferred to the sentencing court. See Miller v. Lowrance, 629 N.E.2d 846, 847 (Ind. 1994), reh’. denied. The trial court did not err when it transferred Richardson’s petition to the sentencing court, and accordingly we affirm.
In Dwight Hayes v. State of Indiana is a 6-page opinion by Judge Barnes, affirming the trial court's denial of a proposed jury instruction.

In Colton Milam v. State of Indiana, a 7-page opinion, Judge Barnes concludes:

Prosecuting and convicting Milam for being intoxicated, in a pulled-over car, while arguing with Webb or Officer Esteb does not reach the level of disturbing the peace, harassment, annoyance, or alarm and therefore does not meet the requirements of the public intoxication statute.
NFP civil opinions today (3):

In the Matter of the Commitment of E.L., E.L. v. Indiana University Health Bloomington Hospital and Carey Mayer, M.D. (NFP)

Mike Meyer, Trustee v. Susan Orth, Allen County Treasurer, and Tera K. Klutz, Allen County Auditor, LRB Holdings, Inc. v. Mark Linker, Deborah Linker, America's Wholesale Lender, et al. (NFP)

In the Matter of the Termination of the Parent-Child Relationship of: T.D. and M.D. (minor children); A.D. (Father) v. The Indiana Department of Child Services (NFP)

NFP criminal opinions today (14):

Micah T. Lminggio v. State of Indiana (NFP)

Kevin L. Curry v. State of Indiana (NFP)

James Mantz v. State of Indiana (NFP)

Robert D. Bowen v. State of Indiana (NFP)

Lisa Ritchie v. State of Indiana (NFP)

Jimmie T. Bowen v. State of Indiana (NFP)

Bulent Colak v. State of Indiana (NFP)

John Anthony v. State of Indiana (NFP)

Christopher Woodburn v. State of Indiana (NFP)

Chanse T. Starr v. State of Indiana (NFP)

Gerardo Nino Romero v. State of Indiana (NFP)

Donald Woods v. State of Indiana (NFP)

Christopher Lawson v. State of Indiana (NFP)

Robert Hoffman v. State of Indiana (NFP)

Posted by Marcia Oddi on August 11, 2014 01:17 PM
Posted to Ind. App.Ct. Decisions