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Opinions Oct. 17, 2013

October 17, 2013
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The following Indiana Tax Court opinion was posted after IL deadline Wednesday.
Orbitz, LLC v. Indiana Department of State Revenue
49T10-0903-TA-10
Tax. Grants Orbitz’s request to have certain documents, including contracts with Indiana hotels, placed under seal. The contracts have the four characteristics of trade secrets, so they fall within the mandatory exceptions to the general rule of public access set forth in the Access to Public Records Act and Administrative Rule 9.

Thursday’s opinions
Indiana Court of Appeals

Timothy L. Hyser v. State of Indiana
20A05-1301-CR-37
Criminal. Reverses convictions of Class A felony and Class C felony child molesting. The exclusion of the evidence Hyser wished to present deprived him of a meaningful opportunity to present a complete defense. The state is not barred from retrying Hyser.

North American Roofing Services, Inc. v. Menard, Inc.
26A01-1303-PL-125
Civil plenary. Reverses grant of summary judgment to Menard and denial of partial summary judgment to North American Roofing Services on its lawsuit after Menard refused to pay for installation of a new roof. Remands with instructions to deny Menard’s motion for summary judgment on NARSI’s claims for breach of contract and foreclosure of mechanic’s lien; grant NARSI’s motion for partial summary judgment on its claim for breach of contract; and move forward to resolve NARSI’s claim to foreclose upon mechanic’s lien.

Anthony Worl v. State of Indiana (NFP)
29A02-1302-CR-167
Criminal. Affirms convictions of Class A felony child molesting, Class D felony child solicitation and three counts of Class C felony child molesting, as well as a habitual offender determination.

Antonio Hughley v. State of Indiana (NFP)
49A04-1301-CR-40
Criminal. Affirms convictions of Class A felony dealing in cocaine and Class D felony dealing in marijuana.

William J. Eisele v. State of Indiana (NFP)
51A01-1304-PC-154
Post conviction. Affirms denial of petition for post-conviction relief.

Darren Englert v. State of Indiana (NFP)
79A04-1302-CR-88
Criminal. Vacates convictions of Class A felony conspiracy to commit murder, Class D felony criminal confinement and Class C felony conspiracy to commit battery. Affirms convictions of Class B felony conspiracy to commit criminal confinement, Class C felony battery and Class A misdemeanor possession of marijuana and affirms 80-year sentence.

Jeffery Bonds v. State of Indiana (NFP)
49A04-1301-CR-11
Criminal. Affirms conviction of Class D felony invasion of privacy.

Darrail Mix v. State of Indiana (NFP)
49A02-1304-CR-314
Criminal. Affirms convictions of Class D felonies domestic battery and battery and Class A misdemeanors domestic battery and resisting law enforcement.

Frances Ashton v. City of Indianapolis (NFP)
49A02-1210-MI-815
Miscellaneous. Affirms judgment affirming the decision of the merit board of the Indianapolis Metropolitan Police Department to terminate Ashton’s employment as a police officer.

Harold Ferrin v. State of Indiana (NFP)
49A02-1210-PC-839
Post conviction. Affirms denial of petition for post-conviction relief.

Justin Dent v. State of Indiana (NFP)
29A03-1304-CR-128
Criminal. Affirms sentence for Class D felony operating a vehicle as a habitual traffic violator.

Norman T. Podell v. State of Indiana (NFP)
71A03-1302-CR-64
Criminal. Affirms two convictions of Class D felony pointing a firearm.

David Davenport v. State of Indiana (NFP)
49A02-1210-CR-842
Criminal. Affirms conviction and sentence for Class B felony dealing in cocaine and conviction of Class A misdemeanor resisting law enforcement. Remands for the trial court to impose a sentence on the misdemeanor conviction that comports with I.C. 35-50-3-2.

Miguel Perez v. State of Indiana (NFP)
49A02-1304-CR-288
Criminal. Affirms conviction of Class D felony identity deception.

Bush Truck Leasing, Inc., v. Indiana Farmers Mutual Insurance Company (NFP)
49A05-1304-CT-189
Civil tort. Affirms summary judgment for Indiana Farmers on Bush Truck Leasing’s complaint for declaratory judgment and damages.

FSF Presidential Estates, Associates, LLC, individually and d/b/a Presidential Estates Apartments and Indianapolis Power and Light v. Joshua Grounds, Fleener Roofing & Guttering, LLC (NFP)
49A05-1305-CT-209
Civil tort. Affirms denial of IPL’s motion for summary judgment and Grounds’ motion for partial summary judgment in Grounds’ suit filed to recover damages after he was electrocuted.

Devon Miller v. State of Indiana (NFP)
49A02-1303-CR-286
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.

Stanley D. Wills v. State of Indiana (NFP)
18A02-1210-CR-834
Criminal. Vacates Wills’ conviction for Class C felony theft as a lesser included offense of robbery and remands for further proceedings. Affirms convictions of Class B felony aiding in the commission of armed robbery, Class B felony conspiracy to commit armed robbery, and Class B felony criminal confinement, as well as finding Wills is a habitual offender.

The Indiana Supreme Court and Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.

 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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