Wednesday, March 09, 2016
Ind. Decisions - Court of Appeals issues 2 opinion(s) today (and 11 NFP memorandum decision(s))
For publication opinions today (2):
In Freddie L. Webb v. Thomas A. Yeager, a 21-page opinion, Judge Brown writes:
Freddie L. Webb appeals the trial court’s order granting summary judgment in favor of Thomas Yeager. Webb raises three issues which we consolidate and restate as whether the court erred in entering summary judgment in favor of Yeager and against him. We affirm. * * *In David Lee Marshall v. State of Indiana, an 8-page opinion, Judge Bailey writes:
We find the fact that Webb did not appeal the January 7, 2015 order dispositive. “Res judicata, whether in the form of claim preclusion or issue preclusion (also called collateral estoppel), aims to prevent repetitious litigation of disputes that are essentially the same, by holding a prior final judgment binding against both the original parties and their privies.” Becker v. State, 992 N.E.2d 697, 700 (Ind. 2013). * * *
The designated evidence reveals that the court in Cause No. 82 entered an order on January 7, 2015 providing that the correct balance due on the restitution was $20,593. Webb was a party to the order and did not appeal it. Thus, res judicata bars relitigation of the amount of restitution.
David Lee Marshall (“Marshall”) appeals the trial court’s order denying his petition for expungement of Class D felony and misdemeanor records. He presents the sole issue of whether he was entitled to expungement because he had no subsequent criminal convictions, despite his admission, as a requirement of a pretrial diversion program, to committing another crime. We affirm. * * *NFP civil decisions today (4):
The issue of whether Marshall’s admission to committing a crime precludes expungement presents a question of statutory interpretation. We are thus presented with a question of law, which is reviewed de novo. * * *
Expunging records where one has admitted to engaging in criminal activity does not further the policy objective of assistance to one who has paid his societal dues without incident. The trial court could properly find, based upon Marshall’s own admission, that he had committed a crime in the relevant time period and was not entitled to the requested relief.
Conclusion. The trial court did not err in denying Marshall’s petition to have the records relating to his felony and misdemeanor convictions expunged.
NFP criminal decisions today (7):
Posted by Marcia Oddi on March 9, 2016 11:09 AM
Posted to Ind. App.Ct. Decisions