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Thursday, April 21, 2016

Ind. Decisions - Court of Appeals issues 2 opinion(s) today (and 7 NFP memorandum decision(s))

For publication opinions today (2):

In Alexin, LLC v. Olympic Metals, LLC , a 24-page opinion, Judge Najam writes:

Alexin, LLC (“Alexin”) appeals the trial court’s judgment in favor of Olympic Metals, LLC (“Olympic”) on Olympic’s counterclaim seeking attorney’s fees under Indiana Code Section 34-52-1-1(b). Alexin presents a single issue for our review, namely, whether the trial court abused its discretion when it awarded Olympic attorney’s fees. Olympic cross-appeals and requests appellate attorney’s fees. We conclude that the trial court did not abuse its discretion when it awarded Olympic attorney’s fees, and we deny Olympic’s request for appellate attorney’s fees. We affirm.
In Victor Roar v. State of Indiana , an 11-page, 2-1 opinion, Judge Najam writes:
We hold that the State presented sufficient evidence from which a reasonable fact-finder could conclude that Roar had committed intimidation, and we are not persuaded by Roar’s argument that the conditional language he used in the communication of his threat obviates the State’s evidence of his intent to place his victim in fear of retaliation for a prior lawful act. We also hold that any error in the court’s admission of the evidence challenged on appeal was harmless. Affirmed. * * *

Riley, J., concurs.
May, J., dissents with separate opinion. [that begins, on p. 9] I would reverse Roar’s conviction, as the State did not prove Roar’s intent to place Olive in fear of retaliation for a prior lawful act. Therefore, I must dissent. * * *

The intimidation statute requires proof of intent that a victim be placed in fear of retaliation for a prior lawful act, and the State did not prove that. I must therefore respectfully dissent.

NFP civil decisions today (3):

GCCFC 2006-GG7 Beachway Drive, LLC v. William D. Boyce Trust 2350; William D. Boyce Testamentary Trust 3649; and William D. Boyce Testamentary Trust 3650 (mem. dec.)

Dukes Health System, LLc, d/b/a Dukes Memorial Hospital v. Christena Seifried (mem. dec.)

In re the Marriage of R.E.F. v. A.M.A. f/k/a A.M.F. (mem. dec.)

NFP criminal decisions today (4):

Brandon S. Spalding v. State of Indiana (mem. dec.)

Eric A. Bail v. State of Indiana (mem. dec.)

Dustin J. Spence v. State of Indiana (mem. dec.)

Max Nicholson v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on April 21, 2016 12:54 PM
Posted to Ind. App.Ct. Decisions