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Friday, February 13, 2015

Ind. Decisions - Court of Appeals issues 6 opinions today (and 19 NFP memorandum decisions)

For publication opinions today (6):

In Tracey M. Jaffri v. JP Morgan Chase Bank, N.A., an 11-page opinion, Judge Barnes writes:

We cannot perceive that by enacting HAMP, the federal government intended for persons rejected for HAMP assistance to have a private cause of action against the mortgage lender or servicer, unless a contract actually was entered into under HAMP. A number of cases have been decided to that effect. * * * Jaffri’s counterclaims are contrary to a wealth of authority refusing to allow mortgagees to file private rights of action against a bank that allegedly failed to comply with HAMP.
In Brian Beckerman v. Nimu Surtani, M.D., and Central Indiana Orthopedics, P.C., a 9-page opinion, Judge Najam writes:
Brian Beckerman appeals the trial court’s judgment for Nimu Surtani, M.D., and Central Indiana Orthopedics, P.C. (collectively, “Dr. Surtani”), on Beckerman’s motion for reimbursement of expert witness fees pursuant to Indiana Trial Rule 26(B)(4). Beckerman raises a single issue for our review, namely, whether the trial court abused its discretion when it denied his motion for reimbursement. We affirm.
In Karen L. Gilday, and James K. Gilday v. Jeanine L. Motsay, and Edward W. Ochoa, a 13-page opinion, Judge May concludes:
The trial court did not err in granting final judgment on the Gildays’ claims, the Gildays have not provided cogent argument the trial court should have ruled on their motion to compel, and the Gildays are not entitled to attorney’s fees. We accordingly affirm.
In Kevin A. Mathews v. State of Indiana, a 13-page opinion, Chief Judge Vaidik writes:
Mathews argues that the admission of the victim’s deposition violated his rights under Article 1, Section 13 of the Indiana Constitution because he was not present at the deposition. We find no violation. First, the victim was unavailable at the time of trial because of her declining health. Next, the victim’s deposition was obtained pursuant to procedures designed to elicit the truth. That is, the victim’s testimony was given under oath and transcribed by a court reporter.

Finally, we find that Mathews waived his right to a face-to-face confrontation by failing to attend the victim’s deposition. Mathews was free on bond, yet he did not attend the deposition. The State formally extended an offer to Mathews to attend the deposition, but defense counsel gave no reason at the deposition for his client’s absence.

Because Mathews waived his right to confront the victim face to face, we affirm the trial court.

In David Wise v. State of Indiana, a 19-page opinion, Judge Bailey concludes:
The trial court did not abuse its discretion when it admitted into evidence the re-recordings of the videos M.B. found on Wise’s cellular phone. The court also did not abuse its discretion when it did not permit Wise to obtain pretrial or trial testimony from M.B. concerning any extramarital sexual conduct.
In Julie Bickford v. State of Indiana, a 9-page opinion, Judge Bailey writes:
Julie Bickford (“Bickford”) pled guilty to three counts of Cruelty to an Animal, as Class A misdemeanors. As part of its sentencing order, the trial court required Bickford to pay restitution for costs associated with a rescue organization’s care for the three horses Bickford had mistreated. She now appeals. We affirm.
NFP civil decisions today (8):

In the Matter of the Termination of the Parent-Child Relationship of: J.M., N.H. & N.M. (Minor Children), N.H. (Father) v. The Indiana Department of Child Services (mem. dec.)

John D. Jenkins Revocable Living Trust, John D. Jenkins, Trustee v. Peru Utility Service Board, City of Peru and Peru Common CounciL (mem. dec.)

Randall J. Herzog v. Judy K. Herzog (mem. dec.)

Jonalyn Miller (formely Beckham) v. Roger Beckham Jr. (mem. dec.)

In the Matter of the Termination of the Parent-Child Relationship of B.M., T.B. v. Indiana Department of Child Services (mem. dec.)

In the Matter of the Termination of the Parent-Child Relationship of: I.B., B.B., and W.B. and M.T. v. The Indiana Department of Child Services (mem. dec.)

Robert Middleton v. Paula Pyatte (mem. dec.)

In the Matter of X.M. and D.M., Minor Children, Children Alledged to be in Need of Services, S.B. v. Indiana Department of Child Services (mem. dec.)

NFP criminal decisions today (11):

Iquise Taylor v. State of Indiana (mem. dec.)

Tamika Williams v. State of Indiana (mem. dec.)

Robert Ledbetter, Jr. v. State of Indiana (mem. dec.)

Jamie Lykins v. State of Indiana (mem. dec.)

Kenneth S. Marshall v. State of Indiana (mem. dec.)

Jeannie M. Hess v. State of Indiana (mem. dec.)

Michael James Beasley v. State of Indiana (mem. dec.)

Ricky Duff v. State of Indiana (mem. dec.)

Dallarius T. Jackson v. State of Indiana (mem. dec.)

William L. Holt v. State of Indiana (mem. dec.)

Amanda Biggs v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on February 13, 2015 01:15 PM
Posted to Ind. App.Ct. Decisions