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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. Bob Leonard killed two people named Jennifer and Dion Longworth. There were no Smiths involved.

  2. Being on this journey from the beginning has convinced me the justice system really doesn't care about the welfare of the child. The trial court judge knew the child belonged with the mother. The father having total disregard for the rules of the court. Not only did this cost the mother and child valuable time together but thousands in legal fees. When the child was with the father the mother paid her child support. When the child was finally with the right parent somehow the father got away without having to pay one penny of child support. He had to be in control. Since he withheld all information regarding the child's welfare he put her in harms way. Mother took the child to the doctor when she got sick and was totally embarrassed she knew nothing regarding the medical information especially the allergies, The mother texted the father (from the doctors office) and he replied call his attorney. To me this doesn't seem like a concerned father. Seeing the child upset when she had to go back to the father. What upset me the most was finding out the child sleeps with him. Sometimes in the nude. Maybe I don't understand all the rules of the law but I thought this was also morally wrong. A concerned parent would allow the child to finish the school year. Say goodbye to her friends. It saddens me to know the child will not have contact with the sisters, aunts, uncles and the 87 year old grandfather. He didn't allow it before. Only the mother is allowed to talk to the child. I don't think now will be any different. I hope the decision the courts made would've been the same one if this was a member of their family. Someday this child will end up in therapy if allowed to remain with the father.

  3. Ok attorney Straw ... if that be a good idea ... And I am not saying it is ... but if it were ... would that be ripe prior to her suffering an embarrassing remand from the Seventh? Seems more than a tad premature here soldier. One putting on the armor should not boast liked one taking it off.

  4. The judge thinks that she is so cute to deny jurisdiction, but without jurisdiction, she loses her immunity. She did not give me any due process hearing or any discovery, like the Middlesex case provided for that lawyer. Because she has refused to protect me and she has no immunity because she rejected jurisdiction, I am now suing her in her district.

  5. Sam Bradbury was never a resident of Lafayette he lived in rural Tippecanoe County, Thats an error.

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