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Opinions Feb. 20, 2014

February 20, 2014
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Indiana Supreme Court
James T. Mitchell v. 10th and The Bypass, LLC and Elway, Inc.
53S01-1303-PL-222
Civil plenary. Evidence obtained after the entry of an order granting a motion for partial summary judgment may not form the basis for vacating that order on the grounds that a non-final order is subject to revision at any time before the entry of a final judgment. Also concludes that relief from judgment under Ind. Trial Rules is not limited only to final judgments.

Indiana Court of Appeals
Magic Circle Corporation, d/b/a Dixie Chopper, The Kelch Corporation, et al. v. Kris Schoolcraft as Personal Representative of the Wrongful Death Estate of Rickie D. Schoolcraft, Deceased
29A02-1303-CT-273
Civil tort. Affirms grant of Kris Schoolcraft’s motion to amend the wrongful death action brought against Magic Circle by adding new defendants. Declines to follow caselaw from Court of Appeals and instead applies the majority rule decided in a 1990 Vermont case.

Michael W. Stevenson v. County Commissioners of Gibson County, Indiana, Bob Townsend, Don Whitehead, Gerald Bledsoe, County Council of Gibson County, Indiana, Tony Wolfe, Jeremy Overton, et al.  
26A01-1212-PL-540
Civil plenary. Affirms judgment for the Gibson County Commissioners and County Council regarding Stevenson’s salary as county surveyor and additional compensation. The county council followed statute by establishing a salary level for a surveyor without a license and Stevenson is not entitled to additional compensation for surveying the county corners.

Clark's Sales and Service, Inc v. John D. Smith and Ferguson Enterprises, Inc.
49A02-1306-PL-552
Civil plenary. Affirms denial of Clark’s motion for a preliminary injunction. Clark’s attempt to protect a customer base spanning the entire term of Smith’s employment is overly broad and unreasonable, as is the scope of activities prohibited in the restrictive covenant.

Jonathan D. Carpenter v. State of Indiana
02A05-1304-CR-207
Criminal. Affirms admission of evidence obtained from a warrantless search of Carpenter’s house. The trial court did not err when it denied Carpenter’s motion to suppress the evidence against him because the officers had reasonable suspicion to believe a violent crime might have occurred, properly executed a search of the premises for that purpose, and the search did not violate Carpenter’s Fourth Amendment rights. The warrantless search of Carpenter’s house did not violate his rights under Article 1, Section 11 of the Indiana Constitution because the officers had reasonable suspicion there was an injured person inside the house.

Kevin Hoskins v. State of Indiana (NFP)
49A02-1307-CR-566
Criminal. Affirms convictions of Class B felony dealing in cocaine and Class C felony possession of cocaine.

Clyde Williams, Jr. v. State of Indiana (NFP)
27A04-1305-CR-253
Criminal. Affirms conviction of Class D felony operating a motor vehicle while privileges are suspended.

Inner Circle Properties, LLC v. George Lease (NFP)
35A02-1309-SC-764
Small claim. Reverses award of $180 in attorney fees and collection costs against Lease and remands for order that Inner Circle receive $371.86 in collection attorney fees that Lease agreed to pay.

In the Matter of the Termination of the Parent-Child Relationship of: P.M., M.F.E., and E.T., T.T. (Mother) and B.T. (Father of E.T.) v. The Indiana Department of Child Services (NFP)
40A01-1306-JT-275
Juvenile. Affirms termination of parental rights.

Andre L. Garrett v. State of Indiana (NFP)
71A03-1305-PC-199
Post conviction. Affirms denial of petition for post-conviction relief.

C.C. v. Review Board of the Indiana Department of Workforce Development and Wal-Mart Associates (NFP)
93A02-1304-EX-375
Agency action. Affirms determination C.C. is ineligible for unemployment compensation benefits.

Marcus Buba v. State of Indiana (NFP)
10A01-1306-CR-287
Criminal. Affirms denial of motion to reduce bond to zero.

Juan Concepcion v. State of Indiana (NFP)
49A02-1306-CR-557
Criminal. Affirms convictions of Class A misdemeanor operating while intoxicated and Class C misdemeanor operating with a blood-alcohol content greater than 0.08 percent.

Stephen M. Coil v. Review Board of the Indiana Department of Workforce Development, International Truck & Engine Group, TALX UCExpress, Inc. (NFP)
93A02-1309-EX-747
Agency action. Reverses determination Coil is ineligible for unemployment benefits.

Bruce Foster v. State of Indiana (NFP)
53A01-1301-CR-36
Criminal. Affirms conviction and sentence for murder.

In Re the Matter of the Termination of the Parent-Child Relationship of L.T.W.B., Minor Child, and S.A.B., Mother, and H.L.B., Father, H.L.B., Father v. The Indiana Department of Child Services (NFP)

79A02-1307-JT-669
Juvenile. Affirms termination of parental rights.

Antonio Hughley, $3,861.00 in U.S. Currency and One (1) Buick, VIN# 4V37J7E133835 v. State of Indiana, The Consolidated City of Indianapolis/Marion County,et al. (NFP)
49A04-1307-MI-352
Miscellaneous. Affirms summary judgment for the state regarding forfeiture of cash.

Tanner Howard v. State of Indiana (NFP)
34A02-1304-CR-392
Criminal. Affirms denial of motion to dismiss.

Bobby Wine v. State of Indiana (NFP)
85A02-1307-CR-610
Criminal. Affirms in part four findings of contempt and reverses one finding. Remands for further proceedings.

David Hedgecraft v. State of Indiana (NFP)
48A05-1303-CR-141
Criminal. Affirms convictions of Class D felony maintaining a common nuisance and Class B felony dealing in methamphetamine.

Sarah Cartner v. State of Indiana (NFP)
49A04-1307-CR-332
Criminal. Affirms conviction of Class A misdemeanor battery.

Forest Lamar, Jr. v. State of Indiana (NFP)
71A03-1306-CR-208
Criminal. Affirms conviction and sentence for Class A felony attempted murder.

Fabrianne Cloud v. State of Indiana (NFP)
49A02-1309-CR-745
Criminal. Affirms conviction of Class D felony operation of a vehicle while suspended as a habitual traffic violator.

Katie L. Miller v. State of Indiana (NFP)
02A03-1306-CR-229
Criminal. Affirms convictions of Class C felony battery, Class A misdemeanor criminal recklessness and Class D felony failure to stop after an accident resulting in injury or death.

Charlie Hamby and Michael Zenk v. James Farmer (NFP)
33A01-1307-CT-325
Civil tort. Affirms denial of Hamby’s and Zenk’s motion for summary judgment against Farmer on inmate Farmer’s “notice of a lawsuit” resulting from a fall in the shower.

The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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