« Courts - Former Brooklyn Supreme Court trial judge debuts in new TV show, "Hot Bench" | Main | Ind. Gov't. - Yet another major BMV collection error, this one found by BMV »

Tuesday, September 16, 2014

Ind. Decisions - Court of Appeals issues 3 today (and 4 NFP)

For publication opinions today (3):

In Willie Jenkins v. Mary Jenkins, a 6-page opinion, Judge Crone writes:

Willie Jenkins (“Husband”) appeals the trial court’s order granting a motion to vacate contempt hearing filed by Mary Jenkins (“Wife”). The sole issue presented for our review is whether the trial court erred when it granted Wife’s motion and vacated the hearing without allowing Husband fifteen days to respond to the motion pursuant to local court rule. Concluding that it was not in the interests of justice for the trial court to ignore its rule and grant Wife’s motion prior to allowing Husband time for response, we reverse and remand for further proceedings. * * *

This is not one of those rare cases where the trial court’s adherence to its own procedural rule would defeat justice instead of serving as a means of obtaining orderly and speedy justice. Therefore, the trial court should have followed its own rule, and its failure to do so was error as a matter of law. We reverse the trial court’s order vacating the hearing and remand for further proceedings consistent with this opinion.

In State Farm Fire & Casualty Company v. Joseph Martin Radcliff and Coastal Property Management, LLC, a/k/a CPM Construction of Indiana , a 22-page opinion, Judge Riley writes:
Appellant-Plaintiff/Counterclaimant-Defendant, State Farm Fire & Casualty Company (State Farm), appeals the trial court’s denial of its Trial Rule 60(B) Motion, which rejected its request for relief on the limited issue of defamation after a jury awarded 14.5 million dollars to Appellees-Defendants/Counterclaimants-Plaintiffs, Joseph Martin Radcliff (Radcliff) and Coastal Property Management LLC, a/k/a/ CPM Construction of Indiana (CPM). We affirm. * * *

Based on the foregoing, we conclude that the trial court properly denied State Farm’s T.R. 60(B) Motion and affirm the trial court’s denial of State Farm’s request based on T.R. 60(D).

In Brent A. Mechling v. State of Indiana, a 7-page opinion, Judge Robb writes:
Brent Mechling appeals his three-year sentence for invasion of privacy, a Class D felony. Mechling raises two issues for our review: (1) whether the State is estopped from arguing Mechling waived his right to appeal in his plea agreement where the State failed to object when the trial court advised Mechling at the sentencing hearing about a right to appeal; (2) whether Mechling’s sentence is inappropriate in light of the nature of his offense and his character. Concluding Mechling validly waived the right to appeal his sentence in a written plea agreement and that the State is not estopped from enforcing the waiver provisions of Mechling’s plea, we affirm.
NFP civil opinions today (1):

In the Matter of the Termination of the Parent-Child Relationship of: K.B. (Minor Child) and W.B. (Mother) v. The Indiana Department of Child Services (NFP)

NFP criminal opinions today (3):

Roy C. Bebout v. State of Indiana (NFP)

Travis Booker v. State of Indiana (NFP)

Jerry C. Jackson, Jr. v. State of Indiana (NFP)

Posted by Marcia Oddi on September 16, 2014 01:21 PM
Posted to Ind. App.Ct. Decisions