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Opinions April 18, 2012

April 18, 2012
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.

Indiana Court of Appeals

Todd Walters and Matenia Walters v. Aaron Austin and Herman & Goetz, Inc.
20A04-1106-CT-342
Civil tort. Dismisses the Walterses’ appeal of the judgment on a jury verdict in favor of Austin and his employer on the Walterses’ complaint for damages arising from a multi-vehicle accident. The appellate court does not have jurisdiction. Judge Darden dissents.

Alebro, LLC v. Review Board of the Indiana Department of Workforce Development and Jason Scheidell
93A02-1110-EX-970
Agency appeal. Reverses grant of unemployment benefits to terminated employee Scheidell. Holds that if an employee’s explanation for the behavior that led to his termination is another terminable offense, that provides just cause for termination.

In Re the Adoption of K.B.M. and L.B.M.; T.M. v. R.P.F. (NFP)
39A01-1109-AD-423
Adoption. Affirms decision that biological father T.M.’s consent to the adoption by stepfather R.P.F. was not required.

In Re the Paternity of K.S.; J.S. v. M.M. (NFP)
17A03-1109-JP-438
Juvenile. Affirms trial court decision to continue joint legal custody, but reverses modification of primary physical custody to mother. Remands with instructions to enter an order addressing father’s contentions as to mother’s failure to pay costs. Judge Riley concurs in part, dissents in part, and would remand for sole legal custody to be awarded to either mother or father.

Chad Jeremy Orme v. State of Indiana (NFP)
73A01-1105-CR-233
Criminal. Reverses revocation of probation and sentence imposed.

Justin A. Staples v. State of Indiana (NFP)
90A04-1109-CR-490
Criminal. Affirms sentence for Class D felony aiding, inducing or causing theft.

Margaret M. Hammond v. Review Board of the Indiana Dept. of Workforce Development and Porter County Commissioners (NFP)
93A02-1110-EX-956
Agency appeal. Affirms Hammond is ineligible for unemployment benefits.

Dennis Mikel v. State of Indiana (NFP)
52A04-1111-SC-598
Small claim. Affirms the trial court did not err in denying Mikel’s request for appointed counsel or in not conducting a jury trial on his complaint. The trial court erred in entering judgment in favor of the defendants. Reverses and remands for an assessment of damages.

Ramon Crawford v. State of Indiana (NFP)
48A02-1108-CR-728
Criminal. Affirms revocation of probation and imposition of previously suspended portion of sentence.

Jason Myers v. State of Indiana (NFP)
09A02-1105-CR-598
Criminal. Affirms convictions of Class C felony battery resulting in serious bodily injury and Class B felony aggravated battery.

Huntington Copper, LLC v. Conner Sawmill, Inc. (NFP)
09A02-1110-PL-917
Civil plenary. Reverses denial of Huntington Copper’s motion to dismiss for lack of personal jurisdiction.

Derrick Mays v. State of Indiana (NFP)
49A02-1107-CR-669
Criminal. Affirms convictions of Class B felony robbery, Class D felony criminal recklessness and Class C felony carrying a handgun without a license.

Ronald Edward Madison, Jr. v. State of Indiana (NFP)
71A04-1110-CR-597
Criminal. Affirms conviction of Class D felony possession of cocaine.

Brandon Ray Carter v. State of Indiana (NFP)
73A01-1108-CR-379
Criminal. Affirms conviction of Class C felony battery causing serious bodily injury.

Jason A. Reber v. State of Indiana (NFP)
64A04-1107-CR-408
Criminal. Affirms convictions of Class A misdemeanor domestic battery and Class A misdemeanor interference with reporting a crime.

Michael Jackson v. State of Indiana (NFP)
71A05-1112-CR-669
Criminal. Affirms conviction of Class D felony theft.
 

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