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Thursday, May 28, 2015

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

For publication opinions today (2):

In Terry Huber v. Roger Hamilton, a 17-page opinion, Chief Judge Vaidik writes:

We agree with the trial court that the Statute of Frauds applies to the parties’ oral agreement to modify the written land contract and, therefore, the oral agreement is unenforceable because it was not reduced to writing. Furthermore, we find that neither party has met its heavy burden of removing the oral agreement from the Statute of Frauds based on the equitable doctrine of promissory estoppel. Finally, because the oral agreement is unenforceable, we agree with the trial court that the buyer breached the written land contract by failing to make the balloon payment when it was originally due.
In John R. Myers II v. State of Indiana , a 67-page opinion, Judge Friedlander writes:
John R. Myers II appeals from the denial of his petition for post-conviction relief (PCR). He raises the following restated issues on appeal:
1. Did the post-conviction court err in concluding that Myers was not denied the effective assistance of trial counsel?
2. Did the post-conviction court err in concluding that Myers’s due process rights were not violated by the State’s alleged failure to disclose all exculpatory evidence to the defense?
3. Did the trial court err in concluding that Myers was not entitled to relief based on his claims of prosecutorial misconduct?
We affirm.
[ILB: Myers was convicted in 2006 of killing IU student Jill Berman. ]

NFP civil decisions today (2):

In the Matter of the Paternity of B.K. and L.K., Kathryn D. McCallaham v. Joy X. Khotxay (mem. dec.)

In the Matter of the Termination of the Parent-Child Relationship of D.S. (Minor Child), and B.T. (Mother) v. The Indiana Department of Child Services and Court Appointed Special Advocate (mem. dec.)

NFP criminal decisions today (0):

Posted by Marcia Oddi on May 28, 2015 09:48 AM
Posted to Ind. App.Ct. Decisions