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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. Oh my lordy Therapist Oniha of the winexbackspell@gmail.com I GOT Briggs BACK. Im so excited, It only took 2days for him to come home. bless divinity and bless god. i must be dreaming as i never thoughts he would be back to me after all this time. I am so much shock and just cant believe my eyes. thank you thank you thank you from the bottom of my heart,he always kiss and hug me now at all times,am so happy my heart is back to me with your help Therapist Oniha.

  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

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