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Indiana Court of Appeals
Kile Richard Stockert v. State of Indiana
Criminal. Affirms Department of Correction designation that Stockert is a sexually violent predator and offender against children. Based on the record and Ind. Code § 35-38-1-7.5(b) and § 11-8-8-19(b), the trial court did not err in denying Stockert’s petition for declaratory judgment.
Jerry A. Smith v. State of Indiana
24A01-1501-CR-1
Criminal. Reverses restitution order for $410,189.16 and 40-year sentence for failing to register as a broker-dealer with the state of Indiana. Holds the state did not show how Smith’s failure to register caused financial loss to his Indiana victims. Rules Smith’s multiple acts of transacting business without having registered constitute a single episode of criminal conduct. Therefore the total sentence he can receive conducting business as a broker-dealer without registering, as a Class C felony, is 10 years. Remands for resentencing.
U.S. Bank, et al. v. R. Glenn Miller, Jr. et al.; German American Bankcorp v. R. Glenn Miller, Jr., et al.
87A01-1409-MF-366
Mortgage foreclosure. Affirms in part, reverses in part and remands. The trial court did not abuse its discretion when it set aside the default judgment against Bank of Evansville. Reverses trial court grant of summary judgment in favor of German American granting its previously subordinate lien a first priority on the basis of the merger doctrine. Remands with instructions that the court treat U.S. Bank’s motion for strict foreclosure as a motion pursuant to I.C. § 32-29-8-4 and, thereafter, apply that section to resolve German American’s interest as an omitted party.
Connie Scott-Larosa v. Frank Lewis
02A05-1410-SC-486
Small claim. Affirms small claims court judgment in favor of Scott-Larosa in the sum of $697.50 due to her former roommate’s early termination of a lease for an apartment they shared. The trial court’s findings of liability as to Lewis, its finding that Scott-LaRosa failed to mitigate her damages and its conclusion that Scott-LaRosa was not entitled to attorney fees were not clearly erroneous.
Timothy Kendrick v. Angela Kendrick
49A02-1412-DR-888
Domestic. Majority judges Elaine Brown and Patricia Riley affirm in part, reverse in part the trial court’s decree of dissolution of marriage, and remand. Majority affirms order that husband begin immediate equalization payments to wife for a pension that he has yet to begin receiving. Reverses valuation of husband’s pension and the marital estate and remands with instructions to enter findings that either an equal division of the pension is just and reasonable under the circumstances or that the presumption of equal distribution is rebutted by evidence that a portion of the pension was earned by husband prior to the marriage. The court is to recalculate division of assets accordingly. Dissenting Senior Judge Ezra Friedlander would affirm the trial court in all respects, finding remand needlessly prolongs the litigation.
Joaquin Starks v. State of Indiana (mem. dec.)
82A05-1501-PC-44
Post conviction. Affirms denial of petition for post-conviction relief.
Steven Cole v. State of Indiana (mem. dec.)
27A02-1501-CR-24
Criminal. Affirms aggregate sentence of six years executed for pleading guilty to battery, as a Class A misdemeanor and two counts of invasion of privacy, each as a Class D felony.
P.J.K. v. L.M.K. (mem. dec.)
29A04-1412-DR-595 http://www.in.gov/judiciary/opinions/pdf/09221501ehf.pdf
Domestic relation. Affirms modification of custody and awarding of primary physical custody to mother.
Don Campbell v. Anonymous Hospital A, Anonymous Hospital B, and Anonymous Physical Therapist (mem. dec.)
71A03-1410-CT-355
Civil tort. Affirms dismissal of medical malpractice complaint for failure to prosecute.
Nick Gandin v. Elina Lefand (mem. dec.)
02A05-1412-DR-569
Domestic relation. Affirms trial court order denying father’s petition for modification of custody and motion for injunctive relief. Denies mother’s request for appellate attorney fees. Judge Elaine Brown dissents, arguing the form and content of the father’s appellate brief do warrant an award of attorney fees.
Aaron G. Bradley, Jr. v. State of Indiana (mem. dec.)
20A03-1502-CR-71
Criminal. Affirms 16-year sentence after conviction for unlawful possession of a firearm by a serious violent felon, a Class B felony.
Dequincy Clay v. State of Indiana (mem. dec.)
48A02-1502-CR-116
Criminal. Affirms the revocation of Clay’s probation and order that he serve 910 days of his previously suspended sentence.
Wrecks, Inc. v. Amy D. Martin (formerly Amy D. Maurer), and Lawrence A. Maurer (mem. dec.)
29A05-1505-DR-295
Domestic relation. Affirms denial of Wrecks’ motion to transfer a post-dissolution garnishment proceeding to a county of preferred venue pursuant to Trial Rule 75.
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