Opinions Oct. 9, 2012

October 9, 2012
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)
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
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
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
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
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.
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
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
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)
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)
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)
Criminal. Affirms trial court denial of motion to correct erroneous sentence.

Bobbie Buckles v. State of Indiana (NFP)
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)
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)
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)
Criminal. Affirms trial court convictions of robbery and attempted robbery as Class B felonies.


Sponsored by
Subscribe to Indiana Lawyer
  1. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues