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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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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