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Friday, May 08, 2015

Ind. Decisions - Court of Appeals issues 2 opinion(s) today (and 6 NFP memorandum decisions)

For publication opinions today (2):

In In the Matter of the Guardianship of N.R., N.R. v. Eva Willis and Charles Reagins, Peoples Bank, SB, a 4-page opinion, Judge Robb writes:

Eva Willis and Charles Reagins, the former temporary guardians of N.R. (collectively, “Former Guardians”), petition for rehearing of this court’s opinion in In re Guardianship of N.R., 26 N.E.2d 97 (Ind. Ct. App. 2015). In that opinion, we held that the trial court abused its discretion in excluding evidence relevant to the determination of whether it was reasonable to award fees and costs from the guardianship estate on behalf of the Former Guardians. We grant rehearing to address the Former Guardians’ claims, but reaffirm our opinion in all respects.

We are not persuaded by the Former Guardians’ arguments for rehearing any more than we were persuaded by their original arguments for affirming the trial court.

In Jay R. Thompson v. State of Indiana, a 10-page opinion, Judge Bradford writes:
Appellant-Petitioner Jay Thompson was convicted of two counts of murder and conspiracy to commit burglary and sentenced to an aggregate 120-year term. On appeal, the Indiana Supreme Court affirmed the sentence in 1990. Thompson filed a petition for post-conviction relief (“PCR”) in 1992. Thompson filed several amendments to his petition in the subsequent twenty years but neglected to prosecute the petition until 2014. Appellee-Respondent the State of Indiana (“the State”) filed a motion to dismiss pursuant to the doctrine of laches and the PCR court granted the motion. On appeal, Thompson argues that laches can only be used as a defense to a PCR petition based on delay in filing of the petition and may not be based on delay in prosecuting the petition. We disagree and affirm the decision of the PCR court.
NFP civil decisions today (4):

New Carlisle-Olive Township Public Library v. Review Board of the Ind. Dept. of Workforce Development and Stephen J. Boggs (mem. dec.)

In the Matter of the Involuntary Termination of the Parent-Child Relationship of T.T. & J.T., Minor Children, and Their Mother, C.T., C.T. v. Ind. Dept. of Child Services (mem. dec.)

In the Matter of J.M.C., A Child Alleged to be a Delinquent Child (mem. dec.)

Bill J. Bowers v. Jack Weichman (mem. dec.)

NFP criminal decisions today (2):

Charles Edward Mayo v. State of Indiana (mem. dec.)

Misty Padgett-Essex v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on May 8, 2015 11:35 AM
Posted to Ind. App.Ct. Decisions