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| Baber v. State, No. 49A02-0609-CR-734,
COURT OF APPEALS OF INDIANA, July 20, 2007, Decided, July 20, 2007, Filed
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Overview: Fact victim did not see defendant's hand during molestation did not make testimony incredibly dubious; jury was in best position to observe defendant's physical characteristics, in-court demonstrations of how victim sat, and chair itself. Amendment to information, changing dates, was not impermissible as time was not of essence to child molesting.
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| Brenwick Assocs., LLC v. Boone County Redevelopment Comm'n, No. 06A04-0611-CV-682,
COURT OF APPEALS OF INDIANA, July 20, 2007, Decided, July 20, 2007, Filed
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Overview: When a town exercised jurisdiction over land by adopting an annexation ordinance, it acquired exclusive jurisdiction over it. Therefore, a county was prohibited from establishing an economic development area over the land in question.
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| Davis v. Marion County Dep't. of Child Servs. (In re M.W.), No. 49A02-0612-JV-1146,
COURT OF APPEALS OF INDIANA, July 20, 2007, Decided, July 20, 2007, Filed
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Overview: Judgment finding mother's children in need of supervision under Ind. Code § 31-34-1-1 was improper because the department failed to present any witness, physical evidence, or other competent evidence in support of its allegations that the mother had an alcohol problem and that the mother had physically abused the children.
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| Four Seasons Mfg. v. 1001 Coliseum, LLC, No. 02A04-0606-CV-343,
COURT OF APPEALS OF INDIANA, July 20, 2007, Decided, July 20, 2007, Filed
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Overview: Appellant was properly held liable for a lessee's breach of a lease based on a piercing of an LLC's corporate veil. There was adequate evidence that appellant, the sole member of both the lessee and the LLC, orchestrated a purchase agreement between the lessee and the LLC to shield the lessee from liability related to the lease.
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| Keenan v. Butler, No. 71A03-0608-CV-385,
COURT OF APPEALS OF INDIANA, July 20, 2007, Decided, July 20, 2007, Filed
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Overview: A suit alleging a breach of a promise to execute a will was neither a claim against the decedent's estate under Ind. Code § 29-1-14-1 nor a will contest under Ind. Code § 29-1-7-17, and as the final will had been properly filed in a probate court, the probate court, not the circuit court where the suit was filed, had subject matter jurisdiction.
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| Phillips v. City of Bloomington, No. 53A05-0612-CV-720,
COURT OF APPEALS OF INDIANA, July 20, 2007, Decided, July 20, 2007, Filed
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Overview: Summary judgment for city, utility board, and mayor in employee's wrongful termination suit was proper because employee had responsibilities beyond those of a utility superintendent, including, inter alia, responsibility for the direction and operation of the utility department and its personnel, and thus Ind. Code § 8-1-5-3-5(d) did not apply.
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| Sapen v. State, No. 20A03-0609-CR-424,
COURT OF APPEALS OF INDIANA, July 20, 2007, Decided, July 20, 2007, Filed
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Overview: Admission of evidence obtained during warrantless entry violated Fourth Amendment as exigent circumstances sufficient to overcome the warrant requirement of Fourth Amendment did not exit. Retrial was ordered as, even without even without improperly obtained evidence, evidence was sufficient to permit conclusion defendant committed offense of DWI.
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| Handshoe v. Ridgway (In re J.E.M.), No. 76A03-0612-CV-603,
COURT OF APPEALS OF INDIANA, July 23, 2007, Decided
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Overview: Order terminating grandmother's visitation rights with grandson based on mother's adoption by third parties was error because mother's decision to legally sever ties with grandmother did not automatically and for purposes of Grandparent Visitation Act, Ind. Code § 31-17-5-1 et seq., sever all of grandmother's ties with her biological grandson.
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| In re Estate of Holt, No. 64A05-0701-CV-32,
COURT OF APPEALS OF INDIANA, July 23, 2007, Decided
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Overview: Order denying determination of heirship filed by brother's decedent, asking probate court to declare remarriage of decedent void, was affirmed because, although brother claimed that witnesses concerning decedent's state of mind on his wedding day were incredible, this was a request to reweigh the evidence, which the appellate court did not do.
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