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Wednesday, April 20, 2016

Ind. Decisions - Court of Appeals issues 1 opinion(s) today (and 8 NFP memorandum decision(s))

For publication opinions today (1):

In Eddie G. Love v. State of Indiana , a 6-page opinion, Judge Bailey writes:

Eddie G. Love (“Love”) appeals the denial of his petition for habeas corpus and motion to dismiss from the Elkhart Circuit Court, raising several issues for our review. Because we conclude that Love improperly filed a successive petition for post-conviction relief without permission from this Court in accordance with Indiana Post-Conviction Rule 1(12), we remand to the Elkhart Circuit Court with instructions to dismiss Love’s claims. * * *

Love has previously sought post-conviction relief. On multiple occasions, he has failed to properly request permission to file a successive post-conviction petition from this Court or the Indiana Supreme Court. The same is true in the instant action. Accordingly, we order the trial court to vacate its judgment (except sanctions) and remand with instructions to otherwise enter an order of dismissal.

NFP civil decisions today (3):

C.L. and J.L. v. Indiana Department of Child Services (mem. dec.)

In the Term. of the Parent-Child Relationship of: D.W. & L.B., (Minor Children), and C.W. (Mother) & A.W. (Father) v. The Ind. Dept. of Child Services (mem. dec.)

In Leroy Burke, Jr. v. Matthew Elkin (mem. dec.), a 4-pageopinion, Judge Altice writes:

Leroy Burke filed a frivolous lawsuit against Matthew Elkin, and Elkin responded with a counterclaim for abuse of process and a motion for summary judgment. Both parties proceeded pro se. The trial court granted summary judgment in favor of Elkin and set the matter for a damages hearing. At the hearing, Elkin, an attorney, testified regarding the time he spent defending against Burke’s frivolous suit and indicated that his hourly rate was $200. Based upon this evidence, the trial court awarded damages to Elkin in the amount of $1600 plus costs. On appeal, Burke argues that Elkin was not entitled to recover his own attorney fees as damages. We affirm. * * *

In Ziobron v. Crawford, 667 N.E.2d 202, 208 (Ind. Ct. App. 1996), trans. denied, this court adopted the majority rule permitting an attorney representing him or herself to recover an award of attorney fees for the time and effort spent in defending against a frivolous lawsuit. The court expressly held, “an attorney may recover compensation for the time and effort spent in defending against a malicious prosecution as an element of his damages.” Id. The court explained: “To hold otherwise would be analogous to prohibiting an auto body repairman, who had repaired his own car, from recovering reasonable compensation from the vandal who had damaged the car.”

NFP criminal decisions today (5):

Eric Farrell v. State of Indiana (mem. dec.)

John A. Bridges, Jr. v. State of Indiana (mem. dec.)

Antonio Scott v. State of Indiana (mem. dec.)

Dustin Hinz v. State of Indiana (mem. dec.)

Corey Brown v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on April 20, 2016 11:48 AM
Posted to Ind. App.Ct. Decisions