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| Carson v. Carson, No. 43A05-0704-CV-230,
COURT OF APPEALS OF INDIANA, October 31, 2007, Decided, October 31, 2007, Filed
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Overview: Mother's housing of the parties' daughter could be considered an educational expense, pursuant to Ind. Code § 31-16-6-2, but it was error to require the father to pay a percentage of room and board expenses based on a college's fee schedule when the daughter did not reside on campus, and the cause was remanded for recalculation of the amount.
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| Crain v. State, No. 20A04-0703-CR-138,
COURT OF APPEALS OF INDIANA, October 31, 2007, Decided, October 31, 2007, Filed
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Overview: Because defendant's claim that his waiver of his right to counsel was not knowing, voluntary, and intelligent had to be raised in a post-conviction petition, and not on direct appeal, the court dismissed his appeal.
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| Frentz v. State, No. 59A05-0610-CR-559,
COURT OF APPEALS OF INDIANA, October 31, 2007, Decided, October 31, 2007, Filed
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Overview: Appellant's 59-year aggregate sentence for murder and drug possession was not inappropriate because of the nature of his offense--he shot and killed a friend with an assault rifle at close range--and his character, which was highlighted by his lies and attempts to mislead police, as well as the illegal drugs police found in plain view in his house.
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| Green v. State, No. 49A05-0610-CR-557,
COURT OF APPEALS OF INDIANA, October 31, 2007, Decided, October 31, 2007, Filed
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Overview: Murder conviction was affirmed because there was no double jeopardy problem in a retrial after a mistrial, defendant failed to object to alleged errors as a basis for a second mistrial, the manslaughter instruction correctly contained the word "may," and the evidence was sufficient for the jury to find the absence of sudden heat.
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| Irvin v. Guyton (In re J.T.I.), No. 02A03-0703-JV-169,
COURT OF APPEALS OF INDIANA, October 31, 2007, Decided, October 31, 2007, Filed
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Overview: A trial court's finding that a mother was in contempt for failing to appear for a hearing and to comply with a visitation order was reversed on appeal because no rule to show cause was ever issued in accordance with Ind. Code § 34-47-3-5.
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| Newman v. Jewish Cmty. Ctr. Ass'n of Indianapolis, Inc., No. 30A01-0703-CV-129,
COURT OF APPEALS OF INDIANA, October 31, 2007, Decided, October 31, 2007, Filed
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Overview: Invasion of privacy by intrusion claim was properly dismissed as a community center volunteer did not allege that employees of the center invaded her physical personal space; dismissal of defamation claims was proper as there was no evidence of malicious intent and the actions of one individual were protected by a qualified privilege.
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| Phillips v. State, No. 82A01-0702-CR-66,
COURT OF APPEALS OF INDIANA, October 31, 2007, Decided, October 31, 2007, Filed
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Overview: Defendant's conviction was affirmed as trial court's interpretation of Ind. Code § 35-44-3-9.5 was correct. Two-year sentencing enhancement was not inappropriate as evidence did not clearly establish that defendant needed a shank to protect himself, his previous felony conviction was similar to present offense, and he had numerous misdemeanors.
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| State v. Kimco of Evansville, Inc., No. 82A01-0607-CV-301,
COURT OF APPEALS OF INDIANA, October 31, 2007, Decided, October 31, 2007, Filed
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Overview: A shopping mall owner suffered a taking of its access rights as a matter of law, and a jury properly determined the amount of damages for the taking pursuant to Ind. Code § 32-24-1-9. The trial court properly admitted evidence related to loss of access and properly instructed the jury regarding loss of access. The jury's verdict was not excessive.
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