Opinions March 2, 2011

March 2, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
County Council of Porter County v. Northwest Indiana Regional Dev. Authority, et al.
Civil tort. Affirms summary judgment for the Northwest Indiana Regional Development Authority and the denial of the council’s motion for summary judgment on the council’s complaint seeking declaratory judgment it has the right to withdraw from the RDA. Porter County cannot withdraw from the RDA and the council waived its argument that the original legislation establishing the RDA Act is unconstitutional special legislation.

National Wine & Spirits v. Indiana Alcohol & Tobacco Commission, et al.
Civil plenary. Affirms order dismissing National Wine’s petition for judicial review of the issuance of a wine and liquor permit to competitor Southern Wine & Spirits of Indiana. National Wine didn’t meet the statutory standing requirement for judicial review and its due process argument that it is entitled to standing fails.

Loren C. Lewis v. State of Indiana (NFP)
Criminal. Affirms sentence following conviction of nonsupport of a dependent child as a Class D felony.

Tauheedah Williams v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated.

Michael Thompson v. State of Indiana (NFP)
Criminal. Affirms order revoking probation.

Brian Beaman v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor battery.

Kenneth Carson v. State of Indiana (NFP)
Criminal. Remands for clarification of the number of days of credit time Carson should receive.

Steven Sanders v. State of Indiana (NFP)
Criminal. Affirms sentence imposed following revocation of probation.

Valdez Leshawn Reed v. State of Indiana (NFP)
Criminal. Affirms convictions of Class A felony dealing in cocaine and Class B misdemeanors false informing and visiting a common nuisance.

Joni Shaw v. Covenant Care Waldron Home LLC (NFP)
Small claim. Affirms judgment in favor of Covenant Care in an action for the payment of fees incurred while Shaw’s mother was a resident at Waldron Health & Rehab Center.

Justin Floyd v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.

Tommy A. Watson, Jr. v. State of Indiana (NFP)
Criminal. Affirms termination of Watson’s participation in a drug court program and order that he serve a sentence that had been stayed pending his successful completion of that program.

Indiana Spine Group, P.C. v. Hardigg Industries (NFP)
Civil. Reverses denial of Indiana Spine Group’s application for adjustment of claim for provider fee to recover the unpaid balance for services it rendered to an employee of Hardigg. Remands for further proceedings.

Indiana Tax Court had posted no opinions at IL deadline.


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