ILNews

Opinions Oct. 9, 2012

October 9, 2012
Keywords
Back to TopE-mailPrintBookmark and Share

7th Circuit Court of Appeals released no Indiana opinions by IL deadline.

Indiana Supreme Court and Indiana Tax Court released no opinions by IL deadline.

Indiana Court of Appeals

Ralph Jennings d/b/a A Cut Above Tree Service v. Terrance Kinnard (NFP)
49A05-1203-CC-117
Collections. Reverses and remands trial court’s grant of relief to Kinnard from a default judgment of $4,189.22 for the plaintiff.
 
Jeffrey Allen Rowe v. Bruce Lemon, et al
49A02-1204-PL-344
Civil Plenary. Court of Appeals affirms in part, reverses in part and remands the summary judgment denying an Indiana Department of Correction inmate kosher meals. The court ruled the DOC did not establish either that the vegan meal plan is kosher or that the inmate lacked sincere religious reasons for requesting a kosher diet.    

Paul R. Semenick v. State of Indiana
49A02-1111-CR-1035
Criminal. Court of Appeals reverses conviction for criminal trespass finding insufficient evidence to sustain the conviction. The court ruled that the state failed in its burden to prove material elements of criminal trespass because it did not present evidence disavowing the individual’s contractual interest in being on the property and did not establish the breadth of an occasional part-time contract employee’s authority.

Jon E. Garcia v. State of Indiana
20A04-1202-CR-257
Criminal. Affirms conviction of Class C felony criminal recklessness, holding that the trial court properly denied Garcia’s motion for a directed verdict. The court held that a car meets the definition of “a place where people are likely to gather” under I.C. 35-42-2-2(c)(3)(A), the criminal recklessness statute involving discharge of a firearm that creates a risk of bodily injury.  

American Cold Storage, et al v. The City of Boonville
87A01-1112-PL-610
Civil plenary/annexation. Divided court reverses annexation and remands to the trial court, holding that the trial court erred in counting separate state-owned parcels that were purchased to build State Road 62 rather than counting the road as a single parcel under the remonstrance statute, thereby making it impossible for remonstrators to satisfy the 65 percent rule.

Thomson, Inc. n/k/a Technicolor USA, Inc., Technicolor Inc., and Technicolor Limited v. Continental Casualty Co., Travelers Casualty & Surety Co., et al.
49A02-1202-PL-80
Civil tort. Affirms trial court’s judgment in favor of defendants, holding that the trial court did not err in basing its judgment on comity in deference to a California decision on the matter, but the court did not address the plaintiff’s other arguments.

Travis Koontz v. State of Indiana
29A05-1202-CR-77
Criminal. Divided court affirms trial court denial of motion to correct error for misdemeanor sentences that exceeded the statutory authority, finding that Koontz waived any error in his sentence by consenting to it as part of a plea agreement.
 
Indiana Public Employee Retirement Fund v. Paul Bryson
49A04-1201-MI-2
Miscellaneous/disability. Divided court affirms a trial court decision setting aside a PERF ruling that Bryson was entitled to Class 2 impairment disability benefits and finding Bryson instead entitled to Class 1 benefits. The appeals court held that the trial court did not err because a pre-existing condition did not impair his abilities to perform job duties as a firefighter and that his covered impairment is a direct result of three on-duty personal injuries.

Theothus Carter v. State of Indiana (NFP)
30A05-1203-CR-137
Criminal. Affirms trial court’s 65-year aggregate resentence on Class A felony convictions of attempted murder and attempted robbery and Class B felony convictions of burglary and being a habitual offender.

Marion Spencer v. State of Indiana (NFP)
32A01-1204-CR-137
Criminal. Affirms Class A misdemeanor conviction of criminal recklessness while using a vehicle and remands to the trial court for correction of the judgment of conviction and CCS.

Norman Trent v. State of Indiana (NFP)
54A01-1202-CR-51
Criminal. Affirms trial court denial of motion to correct erroneous sentence.

Bobbie Buckles v. State of Indiana (NFP)
17A05-1206-CR-300
Criminal. Affirms sentences for Class C felony possession of precursors and Class B felony possession of methamphetamine.

John Ray Henry v. State of Indiana (NFP)
45A03-1111-CR-533
Criminal. Affirms sentence for two counts of Class C felony child molesting.

Carl L. Johnson v. Review Board of the Indiana Department of Workforce Development and Williams Systems LLC (NFP)
93A02-1203-EX-205
Executive administration/unemployment. Affirms determination of the Department of Workforce Development that Johnson was not entitled to unemployment benefits.

Victor Smith v. State of Indiana (NFP)
49A02-1109-CR-860
Criminal. Affirms trial court convictions of robbery and attempted robbery as Class B felonies.
 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

ADVERTISEMENT