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Opinions Feb. 27, 2012

February 27, 2012
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The 7th Circuit Court of Appeals. Indiana Supreme Court and Indiana Tax Court had no opinions at IL deadline.

Indiana Court of Appeals

Arc Construction Management, LLC, and Alan Muncy v. John Zelenak and Cecilia Zelenak
10A01-1106-CT-247
Civil Tort. Affirms and remands case involving a home construction lawsuit, finding that trial court didn’t err in denying summary judgment on the former homeowners’ claim of breach of implied warranty of habitability.

Augustus Mendenhall v. State of Indiana
29A02-1104-CR-353
Criminal. Reverses trial court on grounds that a Class B felony conviction of aggravated battery and Class A felony conviction for robbery resulting in serious bodily injury violate Indiana’s probation against double jeopardy. Remands with instructions to reduce robbery conviction to a Class C felony.

Timothy Jester v. State of Indiana (NFP)
02A05-1108-CR-495
Criminal. Affirms Class B misdemeanor public intoxication conviction, finding evidence was sufficient to support the conviction and the court will not reweight evidence.

N.L. v. State of Indiana (NFP)
52A02-1110-JV-1051
Juvenile. Affirms juvenile’s commitment to the Indiana Department of Correction, finding that the court did not abuse its discretion in that placement because of N.L.’s growing juvenile history, conduct while on probation and failure to participate in services offered.

David Fonseca v. State of Indiana (NFP)
49A02-1107-CR-605
Criminal. Affirms Class A misdemeanor battery conviction, finding evidence was sufficient to support the conviction.
 
Jennifer Howard v. State of Indiana (NFP)
49A02-1108-CR-684
Criminal. Affirms Class A misdemeanor domestic battery conviction, finding that evidence was sufficient to support her conviction and the court will not reweight evidence.
 
Donald C. Newlin v. State of Indiana (NFP)

32A01-1109-CR-444
Criminal. Affirms the trial court’s finding that probation revocation sentences were required to be served consecutively and that Donald C. Newlin wasn’t entitled to credit for time served in Putnam County. Appellate court also held trial court didn’t abuse its discretion in ordering Newlin to serve entire previously suspended sentence.
 

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