Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowCourt of Appeals of Indiana
In Re: Petition to Docket Trust of Mary Ruth Moeder Susan Moeder v. Robert W. York, Temporary Successor Trustee of the Irrevocable Trust of Mary Ruth Moeder
21A-TR-2522
Trust. Affirms the Marion Superior Court’s imposition of attorney fees on Susan Moeder and a finding that her latest request for trust information violated an agreement between the parties that she refrain from such conduct. Finds the trial court did not erroneously limit Susan’s access to trust information. Also finds Susan’s arguments attacking the judgment are frivolous and reflect her continuing bad faith. Finally, finds Susan has offered no non-frivolous grounds for setting aside the attorney fees award. Remands for a determination of the trust’s appellate attorney fees to be paid by Susan.
Peter D. Juan Dontrell Parker v. State of Indiana
21A-CR-1643
Criminal. Affirms the Vanderburgh Superior Court’s denial of Peter Parker’s motion to suppress. Finds collateral estoppel does not apply. Also finds the seizure of the evidence in question did not violate Parker’s constitutional rights under the Fourth Amendment or Article 1, Section 11 of the Indiana Constitution.
Aaron C. Massey v. State of Indiana (mem. dec.)
22A-CR-547
Criminal. Affirms the denial of Aaron C. Massey’s motion to withdraw his guilty plea. Finds Massey has not proven fraud by the state, which he alleged induced him to plead guilty with a promise of 60 days of freedom that it cut short with an arrest warrant in an unrelated case. Also finds Massey obtained the deal he negotiated.
In the Matter of: A.M., S.M., An.M. and E.M. (Minor Children) W.M. (Father) v. Indiana Department of Child Services (mem. dec.)
22A-JC-668
Juvenile CHINS. Affirms the determination that father W.M.’s children are children in need of services. Finds the Tippecanoe Superior Court’s judgment is not clearly erroneous because the Department of Child Services presented evidence regarding W.M.’s alcohol consumption and behaviors while the children were in his care. Also finds W.M. has not established that his substantial rights were violated or that reversal on that basis is required.
Leonard Varcadipane v. State of Indiana (mem. dec.)
22A-CR-1035
Criminal. Affirms Leonard Varcadipane’s conviction of aggravated battery. Finds the state sufficiently proved the correctional officer’s injuries justified an aggravated battery conviction.
Please enable JavaScript to view this content.