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Friday, October 14, 2016

Ind. Decisions - Court of Appeals issues 3 opinion(s) today (and 12 NFP memorandum decision(s))

For publication opinions today (3):

In William Brandon, Jr. and Sarah Brandon v. Buddy & Pal's III, Inc., d/b/a Buddy & Pal's Place and Thomas Walker, an 11-page opinion, Chief Judge Vaidik writes:

William Brandon Jr. was injured in a bar fight. He sued Thomas Walker—the person who hit him—and the bar where the fight occurred. Although Walker failed to file an answer and was found to be in default, Walker appeared for trial three years later and represented himself, disputing his liability. During closing argument, Brandon’s attorney urged the jury to find that the bar was 85% at fault and that Walker was only 15% at fault. The jury, however, found that Brandon himself was 100% at fault. Brandon then filed a motion to correct error arguing that the default established Walker’s liability and that the only thing left to be determined was damages. The trial court found that Brandon waived this issue.

We agree with the trial court that Brandon waived this issue. That is, because Brandon did not object to Walker participating in the trial, did not argue the effect of Walker’s default at trial, and asked the jury to find that Walker was 15% at fault, he cannot now fall back on the position that Walker is 100% at fault (based on the default). We therefore affirm the trial court.

In Kent R. Blair, Sr. v. State of Indiana, a 12-page opinion, Judge Robb writes:
Following a bench trial, Kent Blair was convicted of invasion of privacy, a Level 6 felony, and criminal trespass, a Class A misdemeanor. The trial court sentenced Blair to one and one - half years executed in the Indiana Department of Correction. Blair ap peals his convictions and sentence, raising three issues for our review: (1) whether the evidence is sufficient to sustain his convictions, (2) whether the trial court abused its discretion in sentencing him, and (3) whether his sentence is inappropriate i n light of the nature of the offenses and his character. Concluding the evidence is sufficient, the trial court did not abuse its discretion in sentencing Blair, and his sentence is not inappropriate, we affirm.
In Adam K. Baumholser v. State of Indiana , a 13-page opinion, Judge May writes:
Adam K. Baumholser appeals his convictions of three counts of child molesting, one as a Class A felony and two as Class C felonies. As the admission of certain character evidence and forensic interviewer testimony was not fundamental error, and as Baumholser’s sentence was neither inappropriate nor an abuse of discretion, we affirm.
NFP civil decisions today (4):

In re the Termination of the Parent-Child Relationship of R.Q. and N.Q.: K.Q. (Mother) v. Indiana Department of Child Services (mem. dec.)

In the Matter of: V.K. (Minor Child), Child in Need of Services, and M.V. (Mother) v. The Ind. Dept. of Child Services; M.V. v. J.K. (mem. dec.)

In the Guardianship of S.S. and J.N., Minor Children, Marla New v. Kenneth Scrogham and Teresa Scrogham (mem. dec.)

Rachelle L. Purcell v. Gary A. Purcell (mem. dec.)

NFP criminal decisions today (8):

Walter Ward, III v. State of Indiana (mem. dec.)

Mark Madejek v. State of Indiana (mem. dec.)

Herbert Lee Brown, III v. State of Indiana (mem. dec.)

Ronald Weaver v. State of Indiana (mem. dec.)

Dakota Fraley v. State of Indiana (mem. dec.)

Jasmine Sivels v. State of Indiana (mem. dec.)

Richard Wilson v. State of Indiana (mem. dec.)

Matthew Weeks v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on October 14, 2016 11:13 AM
Posted to Ind. App.Ct. Decisions