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Opinions Oct. 9, 2012

October 9, 2012
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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.
 

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  1. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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