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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following Indiana Supreme Court opinion was posted after IL deadline Wednesday:
In Re the 2020 Madison County Tax Sale; James A. Crowe and Phyllis Lynn Crowe v. Savvy IN, LLC
23S-TP-90
Petition for tax deed. Affirms the Madison Circuit Court’s denial of the Crowes’ Indiana Trial Rule 60(B)(6) motion. Finds Savvy IN’s notices to the Crowes satisfy due process. Also finds Savvy IN’s certified and first-class mailed notice letters satisfy Indiana law.
Thursday opinions
Court of Appeals of Indiana
Indiana Law Enforcement Training Board v. Marion County Sheriff’s Office (mem. dec.)
23A-PL-655
Civil plenary. Affirms the Marion Superior Court’s entry of summary judgment for the Marion County Sheriff’s Office. Finds the Indiana Law Enforcement Training Board’s argument that sheriff’s deputies aren’t eligible for training from the board isn’t properly before the court. Also finds the trial court did not enter injunctive relief. Vacates the trial court’s supplemental order, finding it was unnecessary dicta and potentially confusing to the underlying judgment.
Bobby L. Timbrook, as Special Administrator of the Estate of Maxwell Timbrook v. Kurt Russell and Costco Wholesale Corporation (mem. dec.)
23A-CT-379
Civil tort. Affirms the Marion Superior Court’s entry of summary judgment against Bobby Timbrook. Finds the undisputed facts negate an element of Timbrook’s claim against Costco Wholesale Corporation.
Christopher Juan Jose Rawlings v. State of Indiana (mem. dec.)
23A-CR-344
Criminal. Affirms Christopher Rawlings’ conviction of Class A misdemeanor false identity statement and his sentence of one year in jail. Finds the Johnson Superior Court did not err in admitting Rawlings’ statement to the booking officer at the jail. Also finds the evidence is sufficient to prove that Rawlings intended to mislead public servants. Finally, finds the sentence is not inappropriate.
William Butch Barclay v. State of Indiana (mem. dec.)
23A-CR-322
Criminal. Affirms William Barclay’s convictions on child molestation charges in the Lake Superior Court. Finds Barclay failed to establish any due process violation.
Antonio D. McCarter v. State of Indiana (mem. dec.)
23A-CR-624
Criminal. Reverses Antonio McCarter’s conviction of Level 4 felony arson. Finds the state did not satisfy its burden of proof to convict McCarter as charged in the Marion Superior Court.
Russell G. Finnegan v. State of Indiana (mem. dec.)
23A-CR-639
Criminal. Affirms Russell Finnegan’s conviction for invasion of privacy. Finds a no-contact order was enforceable. Also finds the Pulaski Superior Court did not violate Finnegan’s constitutional rights to compulsory process. Finally, finds the trial court did not abuse its discretion by refusing to instruct the jury on the defense of necessity.
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