Opinions

Opinions April 22, 2016

April 22, 2016
Indiana Court of Appeals
Kennedy Tank & Mfg. Co., Inc.; and Hemlock Semiconductor Corp., and Hemlock Semiconductor, LLC v. Emmert Industrial Corporation, d/b/a Emmert International
49A02-1507-CT-934
Civil tort. Reverses denial of Kennedy Tank Manufacturing’s motion to dismiss the lawsuit brought against it by Emmert International. The Indiana statute of limitation the trial court relied on is preempted by a federal statute with a shorter limitations period, and Emmert did not bring the lawsuit within that period.
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Opinions April 21, 2016

April 21, 2016
Indiana Supreme Court
Adam Horton v. State of Indiana
79S02-1510-CR-628
Criminal. Reverses Adam Horton’s conviction of Class D felony domestic battery after the court found Horton did not waive his right to jury trial on the charge. Remands for a new trial. The failure to confirm his person waiver before proceeding to a bench trial was fundamental error.
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Opinions April 20, 2016

April 20, 2016
Indiana Court of Appeals
Eddie G. Love v. State of Indiana
20A05-1509-CR-1327
Criminal. Remands Eddie Love’s petition for habeas corpus to Elkhart Circuit Court with instructions to dismiss because Love improperly field his petition without permission from the court.
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Opinions April 19, 2016

April 19, 2016
Indiana Supreme Court
Citizens Action Coalition of Indiana, Energy Policy Institute, and Common Cause of Indiana v. Eric Koch, and Indiana House Republican Caucus
49S00-1510-PL-607
Civil plenary. Affirms dismissal of lawsuit seeking copies of Koch’s, and his staff’s, correspondence with various business organizations in relation to specific legislation. Holds whether the work product exception within the Indiana Access to Public Records Act applies to the Indiana General Assembly presents a non-justiciable question. Justice Rucker dissents in part with separate opinion.
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Opinions April 18, 2016

April 18, 2016
Indiana Court of Appeals
Toddrick Ogburn v. State of Indiana
82A01-1509-CR-1546
Criminal. Reverses and remands Toddrick Ogburn’s conviction of possession of marijuana with intent to deliver in an amount greater than 10 pounds, a Class C felony, because the court abused its discretion by admitting evidence in violation of the Fourth Amendment.
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Opinions April 15, 2016

April 15, 2016
Indiana Court of Appeals
Paul Angel v. Vanderburgh County Treasurer and Townsquare Media, LLC
82A04-1511-MI-1902
Miscellaneous. Reverses and remands order denying Paul Angel’s motion to establish redemption amount, finding Angel is entitled to recover from Townsquare Media under Ind. Code 6-1.1-25-12. Remands for determination of amount Angel is entitled to recover.
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Opinions April 14, 2016

April 14, 2016
Indiana Court of Appeals
Mason W. Meunier-Short v. State of Indiana
32A01-1507-CR-968
Criminal. Remands to trial court to conduct an indigency hearing at some point before Mason Meunier-Short’s probation ends. Vacates part of order imposing a $200 substance abuse fee and $200 alcohol and drug countermeasures fee. Reverses condition that would require Meunier-Short to go to school and maintain a “C” average and remands for the court to amend the probation order to give him the option to maintain fulltime employment or faithfully pursue a course of study that will equip him for suitable employment.
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Opinions April 13, 2016

April 13, 2016
Indiana Supreme Court
The following opinions were issued after IL deadline Tuesday.

William Clyde Gibson III v State of Indiana

22S00-1206-DP-00360.
Criminal. Affirms death sentence for William Clyde Gibson in murder of Stephanie Kirk, finding the trial court did not err and the sentence is not inappropriate.
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Opinions April 12, 2016

April 12, 2016
Indiana Supreme Court
Scott Hitch v. State of Indiana
49S02-1506-CR-376
Criminal. Affirms there was no violation of Scott Hitch’s Sixth Amendment right to trial by jury and evidence was sufficient to sustain his conviction of battery as a Class A misdemeanor and that he committed a crime of domestic violence. Justice Massa concurs in result with separate opinion in which Justice Dickson joins.
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Opinions April 11, 2016

April 11, 2016
Indiana Court of Appeals
Dorothea Bragg, on Behalf of Herself and All Others Similarly Situated v. Kittle's Home Furnishings, Inc.
49A02-1506-PL-653
Civil plenary. Affirms summary judgment for Kittle’s on all claims raised by former employee Dorothea Bragg against the store. Bragg alleged Kittle’s failed to pay employees earned commissions within the 10-day limit set forth in the Indiana Wage Payment Statute.

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Opinions April 8, 2016

April 8, 2016
Indiana Court of Appeals
Joshua S. Black v. State of Indiana (mem. dec.)
33A01-1509-CR-1361
Criminal. Affirms Level 5 felony conviction of dealing in methamphetamine, finding the trial court did not abuse its discretion in denying Joshua Black’s motion to withdraw a guilty plea.
 

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Opinions April 7, 2016

April 7, 2016
Indiana Court of Appeals
Community Health Network v. Pamela D. Bails
49A05-1512-PL-2059
Civil plenary. Reverses and remands motion to correct error, which vacated an agreed judgment between Pamela Bails and Community Health Network from Decatur Township Small Claims Court. An agreed judgment is not appealable, absent fraud.
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Opinions April 6, 2016

April 6, 2016
Indiana Court of Appeals
Larry J. Jernas and R & R Horse Haven, Inc. v. Kevin J. Gumz
75A03-1511-CC-1903
Civil collection. Affirms Kevin Gumz can keep $25,000 deposit after sale of real estate did not go through. Rejects claims the agreement was invalid because it was indefinite or not properly executed.
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Opinions April 5, 2016

April 5, 2016
Indiana Supreme Court
Michael Ackerman v. State of Indiana
49S00-1409-CR-770
Criminal. Affirms Michael Ackerman’s conviction and sentence for second-degree murder. He was sentenced to life in prison with the possibility of parole. The court found an admission of an autopsy report into evidence does not violate the defendant’s right to confront witnesses against him when the pathologist who performed the autopsy against him was not available to testify.
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Opinions April 4, 2016

April 4, 2016
Indiana Court of Appeals
Richard Lee Dulin v. State of Indiana (mem. dec.)

79A05-1508-CR-1155
Criminal. Affirms sentence of five years with two suspended to probation for conviction of Level 5 felony operating a vehicle while privileges are suspended for life and Class A misdemeanor resisting law enforcement.
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Opinions March 31, 2016

March 31, 2016
Indiana Court of Appeals
Noe Escamilla v. Shiel Sexton Company, Inc.
54A01-1506-CT-602
Civil tort. Affirms denial of Noe Escamillia’s motion in limine, ruling that evidence of his immigration status would be admissible and his expert testimony based on future lost wages based on what he could have made in the U.S. would not be admissible. Affirms grant of Shiel Sexton’s motion to exclude Escamillia’s experts. Remands for further proceedings. Judge John Baker dissents.
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Opinions March 30, 2016

March 30, 2016
Indiana Supreme Court
State of Indiana v. Brian J. Taylor

46S04-1509-CR-552
Criminal. Reverses and remands the prospective blanket suppression of police officers’ testimony in a murder case. Even though the officers’ testimony is presumptively tainted by the eavesdropping, they may yet have an independent basis for certain limited testimony.
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Federal court denies state's request for stay in Exodus case

March 29, 2016
IL Staff
A federal judge has denied the state’s motion for a stay on a preliminary injunction granted last month in a lawsuit challenging Gov. Mike Pence’s suspension of funds to groups that resettle Syrian refugees in Indiana.
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Opinions March 29, 2016

March 29, 2016
Indiana Court of Appeals
3155 Development Way, LLC v. APM Rental Properties, LLC
10A01-1508-PL-1235
Civil plenary. Affirms rescission of a contract to purchase a tract of land after the court found a company relied on a misrepresentation to purchase it.
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Opinions March 28, 2016

March 28, 2016
Indiana Court of Appeals
Rogers Group, Inc. v. Tippecanoe County, et al.
79A02-1506-PL-694
Civil plenary. Affirms one zoning ordinance as enforceable and a second not enforceable. Tippecanoe County’s requirement of a special exception to mine in a flood plain is valid and enforceable, but a quarry ban that prohibits new mines within two miles of residential areas is not because it was not enacted in accordance with Indiana’s zoning statutes.
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Opinions March 24, 2016

March 24, 2016
Indiana Court of Appeals
In the Matter of: D.W. (Minor Child), and, T.W. (Mother) v. The Ind. Dept. of Child Services
45A03-1507-JC-842
Juvenile. Dismisses appeal of order terminating mother’s visitation with her daughter and denying her motion to modify a CHINS action. Dismisses for lack of subject matter jurisdiction because the trial court’s order is not a final judgment.
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Opinions March 23, 2016

March 23, 2016
Indiana Court of Appeals
Cheryl L. Underwood v. Thomas Bunger, in his capacity as the Personal Representative of The Estate of Kenneth K. Kinney; Judith M. Fulford; and Sheree Demming
53A01-1509-MI-1305
Miscellaneous. Affirms grant of the estate of Kenneth K. Kinney’s motion to dismiss. The estate was not a proper defendant in Underwood’s claim for partition.
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Opinions March 22, 2016

March 22, 2016

Indiana Supreme Court
State of Indiana, Acting on Behalf of the Indiana Family & Social Services Administration v. International Business Machines Corporation  

49S02-1408-PL-513.
Civil plenary. Reverses trial court ruling that IBM was not in material breach of its master services agreement to administer Indiana’s welfare systems under a $1.3 billion contract that the state terminated for cause. Summarily affirms the Court of Appeals on all other  issues:  affirming the trial court’s award of $40 million in assignment fees and $9,510,795 in equipment fees to IBM; affirming the trial court’s denial of deferred fees to IBM; and reversing the trial court’s award of $2,570,621 in early termination close out payments and $10,632,333 in prejudgment interest to IBM. Remands to the trial court to determine the amount of fees IBM is entitled to for two change orders, and for calculation of the parties’ damages, including any appropriate offsets to the state as a result of IBM’s material breach of the MSA.   

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Opinions March 21, 2016

March 21, 2016
Indiana Court of Appeals
Kulon N. Lewis, Jr. v. State of Indiana (mem. dec.)
02A03-1508-CR-1140
Criminal. Affirms Kulon Lewis Jr.’s conviction of attempted murder , a Level 1 felony, and the sentencing enhancement for using a firearm in the commission of an offense.
 

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Opinions March 18, 2016

March 18, 2016
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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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