Opinions Aug. 6, 2013

August 6, 2013

Indiana Court of Appeals
Robert E. Redington v. State of Indiana
Criminal/firearm seizure. Affirms a trial court order approving the seizure of firearms from a person determined to be dangerous under I.C. 35-47-14-1. The majority concluded that evidence of probative value exists from which the court could have determined by clear and convincing evidence that Redington was dangerous as defined by Ind. Code § 35-47-14-1(a)(2)(B), and accordingly it was within its discretion to order the Bloomington Police Department to retain Redington’s firearms pursuant to Ind. Code § 35-47-14-6(b). Dissenting Judge Patricia Riley would reverse the trial court, holding that Redington was not properly found dangerous under the statute.

Derek Hale v. State of Indiana
Criminal. Reverses and remands for resentencing on a guilty plea to a charge of Class B felony possession of methamphetamine. The majority of a divided panel held that the trial court abused its discretion in clarifying Derek Hale’s sentence and adding time to his work release sentence. Dissenting Judge Cale Bradford held that Hale had met his burden of proof in his claim that he is being illegally detained in the work-release program and therefore should be immediately released from it.

Billy L. Musgrave, Jr. and Kim A. Musgrave v. The Aluminum Company of America, Inc., and Alcoa Fuels, Inc.
Civil tort. Affirms dismissal of the Musgraves’ work-related claims alleging that exposure to Alcoa’s toxic chemicals led to Billy Musgrave developing a rare form of cancer, and also affirms a jury instruction on the statute of limitations on the family’s claim that their injuries resulted from their recreational exposure to Alcoa’s chemicals. The panel held the work-related claim was properly dismissed pursuant to Indiana Trial Rule 12(B)(1) and that the argument over jury instruction was not preserved.

Indiana-American Water Company, Inc. v. Indiana Office of Utility Consumer Counselor, City of Crown Point, Indiana (NFP)
Agency action. Affirms the Indiana Utility Regulatory Commission’s denial of a request to include the costs of an accelerated automated meter-reading replacement program in its distribution system improvement charge.

Marcus L. Wilson v. State of Indiana (NFP)

Criminal. Affirms conviction of Class D felony domestic battery.

In the Matter of the Guardianship of: M.A.M.J., a minor; Diana Sullivan v. Katherine Ashley Oliver (NFP)
Guardianship. Affirms trial court order appointing K.O. as permanent guardian of M.J.’s person and estate.

Lamar Allen Colley v. State of Indiana (NFP)
Criminal. Affirms convictions of Class A misdemeanor battery and interference with reporting a crime.

Travis Cunningham v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor battery and contempt of court.

Cody Hoffman v. State of Indiana (NFP)
Criminal. Affirms sentence on convictions on two counts of Class C felony burglary.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Tuesday. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Tuesday.