Opinions Sept. 19, 2017

Indiana Court of Appeals
Racquel Postiglione v. State of Indiana

Criminal. Affirms the restitution order entered following Racquel Postiglione’s conviction of Class A misdemeanor battery resulting in bodily injury. Finds the victim’s injuries were the result of or a “direct consequences of the acts initiated by” Postiglione, even if she was not the one to break the man’s leg and ankle.
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Opinions Sept. 18, 2017

7th Circuit Court of Appeals
Jeff Monroe v. Indiana Department of Transportation and Joe McGuinness
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Affirms the district court’s grant of summary judgment to the Indiana Department of Transportation and Joe McGuinness. Finds Jeff Monroe failed to provide sufficient evidence that the reason for his termination was pretextual. Also finds Monroe failed to establish similarly situated employees were treated differently than he was.
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Opinions Sept. 15, 2017

Indiana Court of Appeals
Jacob O. Robinson v. State of Indiana
Criminal. Reverses and vacates Jacob O. Robinson’s sentence, pursuant to a plea agreement, for his conviction of Class D felony attempted residential entry and his admission to being a habitual substance offender. Finds sua sponte that Robinson’s habitual substance offender adjudication and enhancement of the sentence for a non-substance offense was contrary to statute. Remands with instructions to enter a new plea agreement and sentence that comply with the relevant statutory authority or for further proceedings if the parties cannot reach such an agreement.
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Opinions Sept. 14, 2017

Indiana Court of Appeals
Evelyn Messmer v. KDK Financial Services, Inc., et al.
Civil plenary. Affirms summary judgment in favor of KDK Financial Services and Fred Kern. The continuing representation doctrine is not applicable to financial advisers or fraud allegations, and no genuine issue of material fact exists establishing that the defendants fraudulently misrepresented the surrender of insurance annuities.

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Opinions Sept. 13, 2017

Indiana Court of Appeals
Larry Warren v. Carl L. Epstein (mem. dec.)
Civil tort. Affirms the grant of summary judgment in favor of Carl L. Epstein in Larry Warren’s action against Epstein for legal malpractice. Finds Warren’s complaint for legal malpractice was not filed within the statute of limitations and, therefore, is time barred.

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Opinions Sept. 11, 2017

Indiana Court of Appeals
Shannon D. Moyer v. State of Indiana
Criminal. Affirms Shannon D. Moyer’s sentence to an aggregate term of 20 years for his convictions of three felony offenses and a habitual offender count. Finds the Tippecanoe Superior Court did not abuse its discretion in its treatment of aggravating and mitigating factors during sentencing. Finally, finds Moyer’s sentence is not inappropriate. Remands for an adjustment to Moyer’s jail time-credit.
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Opinions Sept. 8, 2017

Indiana Court of Appeals Robert Muldowney v. Lincoln Park, LLC and Robert Versprille
Small claims. Dismisses without prejudice Robert Muldowney’s appeal of the Hamilton Superior Court’s grant of judgment in favor of Lincoln Park LLC and Robert Versprille. Finds the manner in which the trial court acted deprived Lincoln Park and Versprille of the chance to present evidence to meet its burden of proof against Muldowney. Remands for the trial court to conduct an evidentiary hearing on Lincoln Park and Versprille’s complaint and to rule on it accordingly.

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Opinions Sept. 7, 2017

Indiana Court of Appeals
Kevin Dowdy v. State of Indiana
Criminal. Affirms the denial of Kevin Dowdy’s motion to suppress evidence. Finds the totality of the circumstances presented a particularized and objective basis for a traffic stop and that the stop was reasonable and did not violate Dowdy’s rights under the Fourth Amendment or Article 1, Section 11 of the Indiana Constitution. Also finds that officer Cameron Taylor’s asking Dowdy if he “wouldn’t mind giving (him) his identification,” did not violate Dowdy’s rights under the Fourth Amendment.
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