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Opinions Jan. 9, 2014

January 9, 2014
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Indiana Court of Appeals
Wolf's Marine, Inc. v. Dev Brar
29A02-1303-SC-293
Small claim. Reverses denial of Wolf’s Marine’s motion to dismiss a complaint filed by Dr. Dev Brar. The trial court incorrectly determined that personal jurisdiction over Wolf’s existed in Indiana, and it should have granted the company’s motion to dismiss.

Joel Bowden, Ruby Bowden, Golden Companies, Inc., and Golden Purchasing and Staffing, Inc. v. E.J. Agnew and Golden-AGI, LLC
49A05-1301-PL-23
Civil plenary. Affirms determination that the Bowdens were subject in their individual capacities to the personal jurisdiction of Indiana courts. Holds Agnew’s expert’s testimony was admissible and the trial court did not err in relying on it to award Agnew damages. The Bowdens’ wrongful failure to distribute net revenue in accordance with the 50/50 agreement with Agnew constitutes failure to pay a debt, not criminal conversion, so Agnew is not entitled to treble damages. Remands for correction of the judgment to award damages in the amount of $1,754,278.

James Broxton v. Review Board of the Indiana Department of Workforce Development, the Department of Indiana Workforce Development, and Sodexo
93A02-1301-EX-79
Agency action. Affirms denial of Broxton’s request for unemployment benefits. The review board did not err when it denied unemployment benefits to Broxton pursuant to the provisions of Indiana Code 22-4-3-5.

Jeremy D. Mohr v. Virginia B. Smith Revocable Trust and Virginia B. Smith, as Trustee of the Virginia B. Smith Revocable Trust
43A03-1306-CT-214
Civil tort. Affirms summary judgment for the trust and Smith in Mohr’s suit seeking damages for serious injuries when one of the two trees supporting a hammock he laid in fell on him and a companion. He was on Smith’s property without her knowledge, permission or invitation.

Steven S. Satterly v. State of Indiana (NFP)
27A02-1305-CR-407
Criminal. Affirms order Satterly serve portions of his suspended sentences in two causes.

Anthony A. Outlaw, Jr. v. State of Indiana (NFP)
02A04-1305-CR-250
Criminal. Affirms sentence following guilty plea to Class D felony theft.

Anita Lopez v. State of Indiana (NFP)
20A03-1301-CR-10
Criminal. Affirms conviction of Class A felony dealing in cocaine.

Jayson Chad-Allen George v. State of Indiana (NFP)
03A01-1304-CR-149
Criminal. Affirms convictions and 10-year sentence for Class C felony criminal confinement and Class D felony strangulation.

Timothy L. Sanders, Jr. v. State of Indiana (NFP)
84A05-1304-CR-208
Criminal. Affirms 30-year sentence for Class A felony child molesting.

The Indiana Supreme Court and 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. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  2. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  3. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  4. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  5. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

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