Expressly adopts “prison mailbox rule” for filings under the appellate rules, but as filing of motion to correct error is subject to the Trial Rules the prisoner’s use of regular mail, rather than registered or certified mail, meant the motion was not filed until received by clerk and here was untimely.
State v. Shackleford, No. 10A01-0907-PC-353, __ N.E.2d __ (Ind. Ct. App., Mar. 10, 2010)
Affirms denial of Post-Conviction Rule 1 motion for change of judge.
Runyon v. State, No. 57A04-0910-CR-575, __ N.E.2d __ (Ind. Ct. App., Mar. 11, 2010)
When a person convicted of nonsupport of a dependent must pay support as a condition of probation, he has the burden to prove he was unable to pay at a revocation for having failed to make the support payments.
Wells Fargo Bank, NA v. Tippecanoe Associates, LLC, No. 79A04-0906-CV-354, __ N.E.2d __ (Ind. Ct. App., Mar. 10, 2010)
Mortgage contract’s waiver of right of redemption was unenforceable, so that court’s having authorized foreclosure receiver to sell the property at a private sale without mortgagor’s consent erroneously deprived mortgagor of right of redemption.
Marshall v. Erie Insurance Exchange, No. 20A03-0908-CV-366, __ N.E.2d __ (Ind. Ct. App., Mar. 10, 2010)
Holds that an urban or residential landowner has a duty of reasonable care to prevent an unreasonable risk of harm to neighbors arising from the condition of trees on the landowner’s property.