Opinions Aug. 4, 2011

August 4, 2011
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Indiana Supreme Court posted no opinions at IL deadline.

Indiana Court of Appeals
Terrence Williams v. State of Indiana
Criminal. Reverses denial of Williams’ petition that a handgun seized by police be released to his counsel. Williams asked the gun be returned after his carrying a handgun without a license charge was dismissed. Williams’ inability to lawfully possess a handgun, without more, doesn’t prevent the return of the gun to his counsel.  

J.W.B. v. Review Board
Agency appeal. Reverses administrative law judge’s denial of J.W.B.’s motion for a continuance of his unemployment insurance appeal hearing and the judge’s decision to proceed to disposition without his participation. The ALJ abused her discretion by denying the requests for a continuance. Remands with instructions to the Review Board of the Indiana Department of Workforce Development to grant J.W.B. a hearing upon due notice.

Cynthia Welch v. Shawn D. Young, et al.
Civil tort. Reverses summary judgment for Shawn Young and remands for further proceedings. There are issues of fact as to whether the injury took place on the field or outside the playing area, and whether the game had started. Affirms dismissing Young to the extent his potential liability was premised on his status as an employee of a governmental entity.

Lisa Fouce v. State of Indiana (NFP)

Criminal. Affirms convictions of and sentence for Class C felony forgery and Class D felony theft.

Robert Holland v. Manufacturers and Traders Trust Co., et al. (NFP)
Civil plenary. Affirms judgment in favor of intervenor Richard Loveless in Robert Holland’s quite title lawsuit.

Roy Kelley, Jr. v. State of Indiana (NFP)
Criminal. Affirms sentence for Class B felony aggravated battery.

Timothy & Stephanie Mackall v. Cathedral Trustees, Inc. (NFP)

Civil collections. Affirms the trial court had subject matter jurisdiction to enforce its judgment entered in favor of Cathedral for the Mackalls’ breach of contract or non-payment of tuition.

Roy Austin Smith v. State of Indiana (NFP)
Civil plenary. Affirms partial summary judgment to the Indiana Department of Correction regarding whether he filed a notice with the Indiana attorney general and IDOC within 180 days of his loss as required by the Indiana Tort Claims Act.

Bryan E. Clark v. State of Indiana (NFP)
Criminal. Affirms 12-year sentence executed in the Department of Correction.

Betsy Waters v. Indiana State University (NFP)
Agency appeal. Reverses denial of worker’s compensation benefits and remands for proceedings consistent with the opinion.

Adoption of X.B.M.; H.P. and A.P. v. K.M. (NFP)
Adoption. Affirms denial of H.P. and A.P.’s petition to adopt their grandson.

Joel T. Martinez v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated in a manner that endangered a person.

Marcus Bailey v. State of Indiana (NFP)
Criminal.  Affirms conviction of Class A felony dealing in cocaine.

Indiana Tax Court posted no opinions at IL deadline.


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