Opinions Aug. 19, 2010

August 19, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Kari Heyser, et al. v. Noble Roman's, Inc., et al.
Civil plenary. Affirms partial summary judgment for Noble Roman’s Inc. and other defendants on Heyser and other franchisees’ claim for constructive fraud. The admission by the franchisees’ attorney that their fraud claims against the banks were based solely on allegedly fraudulent representations by Noble Roman’s, with whom the banks allegedly acted in conspiracy; and the franchisees were alleging actual fraud, not constructive fraud.

Jacqueline Babbitt v. Indiana State Police Trooper Officer E. Lamar Helmuth, in his official capacity (NFP)
Civil. Affirms dismissal of Babbitt’s complaint pursuant to Indiana Trial Rule 12(B)(6).

Grante Ficklin v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Denise Diggins v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony battery.

Midwest Psychological Center, Inc., and Dr. Shelvy Keglar v. Sylvia Funk, et al. (NFP)

Civil. Affirms summary judgment in favor of Funk and other employees or agents of the Indiana State Department of Administration and/or the Division of Disability, Aging, and Rehabilitative Services, Disability Determination Bureau in Midwest’s complaint after not being selected for a bid for a state psychological service contract.

Leroy N. Jones v. State of Indiana (NFP)
Criminal. Affirms convictions of Class A felony murder, Class B felony conspiracy to commit arson, two counts of Class B felony arson, Class C felony battery by means of a deadly weapon, and Class D felony intimidation.

TBS Development LLC, et al. v. Central Bank & Trust Co. (NFP)
Civil. Affirms finding TBS and other defendants committed fraud, fraud on a financial institution, conversion, and breach of contract, and award of treble damages and attorney’s fees.

Darby Hape v. State of Indiana (NFP)
Criminal. Affirms denial of petition for jail-time credit.

Taron Raphael Momon v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class B felony burglary and Class D felony theft.

Indiana Tax Court had posted no opinions at IL deadline.


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