Opinions June 24, 2014

June 24, 2014
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7th Circuit Court of Appeals
Tyrone L. Jones v. Richard Brown
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge William T. Lawrence.
Civil. Affirms denial of Jones’ petition for habeas relief. Finds his trial counsel was not constitutionally ineffective under Strickland.  

Indiana Court of Appeals
Roy Bayer Trust and Penny Harris v. Red Husky, LLC
Civil plenary. Affirms summary judgment in favor of Red Husky LLC on its complaint seeking replevin of a Kenworth semi-tractor. The trial court’s award of $10,000 in damages based on deterioration of property value is supported by the evidence, but remands for a determination of whether Red Husky is entitled to additional damages for loss of use.

Willie J. Washington v. State of Indiana (NFP)
Criminal.  Affirms sentence for Class C felony corrupt business influence and 20 counts of Class C felony forgery.

Antonio McCaster v. State of Indiana (NFP)
Criminal.  Affirms conviction of Class A felony dealing in cocaine and habitual offender determination.

Melissa Brandon v. State of Indiana (NFP)
Criminal. Affirms conviction of Class B misdemeanor public intoxication.

Eric Garver, Brian Garver, and Dawn Shepherd v. IDS Property Casualty Insurance Company (NFP)
Civil plenary.  Affirms the trial court correction determined the policy limit at $250,000 and the homeowner policy excluded further payment of damages claimed by the Garvers.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.



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