Opinions Oct. 18, 2012

October 18, 2012
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7th Circuit Court posted no opinions by IL deadline.

Indiana Supreme Court and Tax Court posted no opinions by IL deadline.

Indiana Court of Appeals

John A. Dugan v. State of Indiana
Post conviction. Reverses denial of petition for post-conviction relief. The court erred when it denied Dugan’s claim that Mills applied retroactively to his habitual offender enhancement. Remands for the court to vacate that enhancement.

Daniel Nanos v. State of Indiana (NFP)
Criminal. Reverses denial of motion for jail time credit and remands so that Nanos is granted an additional six days of credit against all of his sentences.

Professional Veterinary Products, Ltd. v. Pharmakon Long Term Care Pharmacy, Inc. f/k/a LIberty Express Scripts, Inc., Paul Elmer, and Veterinary Inventory Solutions, Inc. (NFP)
Civil collection. Affirms order limiting Elmer’s personal liability for certain purchases by Veterinary Inventory Solutions Inc. to $3,000.

Gohmann Asphalt & Construction, Inc. v. Five Star Painting, Inc. (NFP)
Civil collection. Reverses order reinstating a complaint filed by Five Star Painting Inc.

Term. of the Parent-Child Rel. of A.B., Minor Child, and Her Father, S.M.B.; S.M.B. v. Indiana Dept. of Child Services (NFP)
Juvenile. Affirms termination of parental rights.

Blake Clayton v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony pointing a firearm.

Bryan A.Ogle v. State of Indiana (NFP)
Criminal. Affirms Ogle was properly sentenced for both the Class B felony robbery conviction and habitual offender enhancement but that the court should have ordered the sentences to run consecutively.

Logan Wininiger, Richard Roberts, et al. v. Review Board of the Indiana Dept. of Workforce Development, New NGC, Inc. d/b/a National Gypsum Services Company (NFP)
Agency action. Affirms review board’s finding that claimants are ineligible for unemployment compensation because they were unemployed as a result of a labor dispute.

Robert Peacher v. Dennis Davis (NFP)
Small claim. Affirms order dismissing Peacher’s action against Davis.

State of Indiana v. Shaun L. Steele (NFP)
Post conviction. Reverses grant of Steele’s PCR petition on the issue of double enhancement, but affirms the post-conviction court in all other respects. Remands for further proceedings.



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