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Opinions

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Opinions Aug. 18, 2017

7th Circuit Court of Appeals
Caudill Seed & Warehouse Co., Inc. v. Mark D. Rose and MMR Farms LLC
16-4072
Appeal from the United States District Court for the Southern District of Indiana, New Albany Division. Judge Tanya Walton Pratt.
Civil. Affirms the district court’s judgment in favor of Caudill Seed & Warehouse Co. Inc. on its supplemental collection proceeding. Finds MMR Farms LLC forfeited its defense of release by failing to raise it to the district court.
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Opinions Aug. 17, 2017

7th Circuit Court of Appeals
Wine & Canvas Development, LLC, Anthony Scott, Tamara McCracken, and Donald McCracken v. Christopher Muylle, Theodore Weisser, YN Canvas LLC d/b/a Art Uncorked, Art Uncorked, LLC and Weisser Management Group, LLC
15-2088 and 15-3658
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Affirms the verdict in favor of Christopher Muylle on Wine and Canvas Development LLC, Anthony Scott, Tamara McCracken and Donald McCracken’s trademark infringement and false designation of origin claims and on Muylle’s abuse of process counterclaim. Finds the district court did not abuse its discretion in sanctioning the plaintiff-appellants or in admitting statements Scott made to Muylle during settlement negotiations.
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Opinions Aug. 16, 2017

Indiana Tax Court
William E. Schmidt, Jr. and Danielle Schmidt v. Indiana Department of State Revenue
49T10-1306-TA-55
Tax. Reverses the Indiana Department of State Revenue’s proposes assessments. Finds William and Danielle Schmidt have rebutted the presumption of validity afforded to the department’s proposed assessments. Also finds the Schmidts are not liable for Indiana AGIT, penalties or interest during the 2009, 2010 and 2012 tax years, and they are entitled to the refund claimed.
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Opinions Aug. 15, 2017

Indiana Supreme Court
The Board of Commissioners of Union County, Indiana v. Joe McGuinness, in his official capacity as Commissioner of the Indiana Department of Transportation and the Indiana Department of Transportation
81S01-1708-PL-529
Civil plenary. Affirms the Union Circuit Court’s dismissal of the Board of Commissioners of Union County’s complaint for declaratory judgment and an injunction against the commissioner of the Indiana Department of Transportation and the department itself. Finds Union County did not have standing to sue INDOT for injury done to its residents.
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Opinions Aug. 14, 2017

Indiana Supreme Court
Corey McAlpin v. State of Indiana
39S01-1705-CR-342
Criminal. Affirms Corey McAlpin’s enhanced conviction of Level 4 felony dealing in methamphetamine. Finds the evidence is sufficient to support McAlpin’s enhanced conviction and the jury was in the best position to analyze the “reasonably expected” standard based on the evidence it heard at trial.
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Opinions Aug. 11, 2017

Indiana Supreme Court
In the Matter of: Gillian DePrez Keiffner
49S00-1509-DI-522
Disciplinary. Enters judgment in favor of Gillian DePrez Keiffner. Finds the Indiana Supreme Court Disciplinary Commission has not met its burden of proving by clear and convincing evidence that Keiffner violated Indiana Professional Conduct Rules 3.4(e) and 8.4(d).
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Opinions Aug. 10, 2017

Indiana Supreme Court
Bob Leonard v. State of Indiana
02S00-1604-LW-185
Life without parole. Affirms Bob Leonard’s various convictions for knowing murder, arson and other charges and his sentence to two terms of life without parole and consecutive terms of years for conspiracy and arson. Finds there was sufficient evidence to support the murder convictions and a statutory aggravator. Also finds the Allen Superior Court did not abuse its discretion when it refused Leonard’s tendered, lesser-included jury instruction. Finally, finds Indiana’s LWOP statute is not unconstitutional.

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Opinions Aug. 9, 2017

Indiana Court of Appeals
B.T.E. v. State of Indiana
36A05-1607-JV-1702
Juvenile. Affirms the juvenile court’s true finding that B.T.E. committed the delinquent act which, if committed by an adult, would constitute conspiracy to commit aggravated battery. Reverses the juvenile court’s true finding that B.T.E. committed the delinquent act which, if committed by an adult, would constitute attempted aggravated battery. Finds the Jackson Superior Court did not err in denying B.T.E.’s motion to dismiss.
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Opinions Aug. 8, 2017

7th Circuit Court of Appeals
Terrance S. McKinney v. Office of the Sheriff of Whitley County
16-4131
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division.
Judge William C. Lee.
Civil. Reverses the grant of summary judgment to the Office of the Sheriff of Whitley County. Finds Terrance McKinney’s extensive evidence adds up to a strong case of race discrimination, as he presented evidence that he was treated differently than his similarly situated colleagues who are not black. Also finds McKinney presented substantial evidence that the many rationales used to fire him were baseless and pretextual. Finally, finds the district court erred by disregarding most of McKinney’s testimony, improperly discounting his testimony as “self-serving,” and misreading precedent on the “common actor” inference. Remands for trial.
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Opinions Aug. 7, 2017

Indiana Court of Appeals
Thomas W. Julian v. State of Indiana (mem. dec.)
84A01-1701-CR-103
Criminal. Affirms Thomas W. Julian’s sentence to 55 years for his convictions of two counts of child molesting as Level 1 felonies, two counts of child molesting as Class C felonies and one count of child exploitation as a Level 5 felony. Finds Julian has not carried his burden of proving his sentence is inappropriate.


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