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| Hampton v. State, No. 84A05-0701-CR-00048,
COURT OF APPEALS OF INDIANA, September 20, 2007, Decided, September 20, 2007, Filed
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Overview: The evidence supported a conviction of criminal deviate conduct under Ind. Code § 35-42-4-2. The record supported the inference that defendant had engaged in force against the victim by strangling and suffocating her while she was still alive; it was immaterial that defendant might have waited until her death to place a hair dryer in her vagina.
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| Hastetter v. Fetter Props., LLC, No. 82A01-0704-CV-198,
COURT OF APPEALS OF INDIANA, September 20, 2007, Decided, September 20, 2007, Filed
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Overview: When a real estate seller agreed to reimburse the buyer for the costs of repairing an awning that had been damaged before closing, judgment was properly entered for the buyer. Conversations manifested the parties' intention that the obligations pertaining to the repair would survive the merger of the purchase agreement into the deed.
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| Howard v. State, No. 71A04-0704-CR-234,
COURT OF APPEALS OF INDIANA, September 20, 2007, Decided, September 20, 2007, Filed
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Overview: A 35-year sentence for burglary was appropriate under Ind. R. App. P. 7(B). Defendant's recent offenses were mostly felonies, demonstrating an increasing disregard for the law; moreover, he had progressed from drug-related crimes to crimes affecting innocent members of the public, and three of his prior convictions were similar to the offense here.
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| Lumbermens Mut. Cas. Co. v. Combs, No. 49A05-0608-CV-436,
COURT OF APPEALS OF INDIANA, September 20, 2007, Decided, September 20, 2007, Filed
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Overview: In a suit wherein an insured successfully obtained a judgment against an insurer on a bad faith claim, the award of attorney's fees was vacated and the case was remanded for another evidentiary hearing as the trial court did not make the necessary findings under Ind. Code § 34-52-1-1 and Ind. R. Prof. Conduct 1.5(a) to justify the award.
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| Perry v. Ballew, No. 10A04-0701-CV-42,
COURT OF APPEALS OF INDIANA, September 20, 2007, Decided, September 20, 2007, Filed
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Overview: It was error to grant a homeowner's petition for mandate under Ind. Code § 34-27-3-1, thereby requiring a sewer department to allow the homeowner to tap into a certain sewer system. In the absence of a clear legal duty to issue a tap-in permit, a petition for mandate was not the proper avenue for relief.
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| Peters v. Perry, No. 03A01-0701-CV-5,
COURT OF APPEALS OF INDIANA, September 20, 2007, Decided, September 20, 2007, Filed
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Overview: When a pro se defendant in a quiet title suit filed two motions to correct error, under Ind. R. Trial P. 53.4 and Ind. R. App. P. 9, he had 30 days from the denial of the first motion to file a notice of appeal. Filing the second motion to correct error did not extend the time for filing a notice of appeal.
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| In re Marriage of Kenda, No. 71A03-0701-CV-34,
COURT OF APPEALS OF INDIANA, September 21, 2007, Decided, September 21, 2007, Filed
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Overview: Trial court did not err in modifying custody of six-year-old child in father's favor; evidence showed modification was warranted pursuant to Ind. Code § 31-17-2-21 because the relationship between child and father had substantially changed due to mother's efforts to cut off father's visitation and that modification was in child's best interests.
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| Jones v. State, No. 61A01-0704-CR-174,
COURT OF APPEALS OF INDIANA, September 21, 2007, Decided, September 21, 2007, Filed
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Overview: Trial court properly applied Ind. Code § 35-38-1-7.5, the sexually violent predator law, at a probation violation sentencing. The statute did not state that its application was limited to the initial sentencing, and trial courts should have the discretion to consider assigning sexually violent predator status when considering probation violations.
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