Indiana Supreme Court
James T. Mitchell v. 10th and The Bypass, LLC and Elway, Inc.
Civil plenary. Evidence obtained after the entry of an order granting a motion for partial summary judgment may not form the basis for vacating that order on the grounds that a non-final order is subject to revision at any time before the entry of a final judgment. Also concludes that relief from judgment under Ind. Trial Rules is not limited only to final judgments.
Indiana Court of Appeals
Magic Circle Corporation, d/b/a Dixie Chopper, The Kelch Corporation, et al. v. Kris Schoolcraft as Personal Representative of the Wrongful Death Estate of Rickie D. Schoolcraft, Deceased
Civil tort. Affirms grant of Kris Schoolcraft’s motion to amend the wrongful death action brought against Magic Circle by adding new defendants. Declines to follow caselaw from Court of Appeals and instead applies the majority rule decided in a 1990 Vermont case.
Michael W. Stevenson v. County Commissioners of Gibson County, Indiana, Bob Townsend, Don Whitehead, Gerald Bledsoe, County Council of Gibson County, Indiana, Tony Wolfe, Jeremy Overton, et al.
Civil plenary. Affirms judgment for the Gibson County Commissioners and County Council regarding Stevenson’s salary as county surveyor and additional compensation. The county council followed statute by establishing a salary level for a surveyor without a license and Stevenson is not entitled to additional compensation for surveying the county corners.
Clark's Sales and Service, Inc v. John D. Smith and Ferguson Enterprises, Inc.
Civil plenary. Affirms denial of Clark’s motion for a preliminary injunction. Clark’s attempt to protect a customer base spanning the entire term of Smith’s employment is overly broad and unreasonable, as is the scope of activities prohibited in the restrictive covenant.
Jonathan D. Carpenter v. State of Indiana
Criminal. Affirms admission of evidence obtained from a warrantless search of Carpenter’s house. The trial court did not err when it denied Carpenter’s motion to suppress the evidence against him because the officers had reasonable suspicion to believe a violent crime might have occurred, properly executed a search of the premises for that purpose, and the search did not violate Carpenter’s Fourth Amendment rights. The warrantless search of Carpenter’s house did not violate his rights under Article 1, Section 11 of the Indiana Constitution because the officers had reasonable suspicion there was an injured person inside the house.
Kevin Hoskins v. State of Indiana (NFP)
Criminal. Affirms convictions of Class B felony dealing in cocaine and Class C felony possession of cocaine.
Clyde Williams, Jr. v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony operating a motor vehicle while privileges are suspended.
Inner Circle Properties, LLC v. George Lease (NFP)
Small claim. Reverses award of $180 in attorney fees and collection costs against Lease and remands for order that Inner Circle receive $371.86 in collection attorney fees that Lease agreed to pay.
In the Matter of the Termination of the Parent-Child Relationship of: P.M., M.F.E., and E.T., T.T. (Mother) and B.T. (Father of E.T.) v. The Indiana Department of Child Services (NFP)
Juvenile. Affirms termination of parental rights.
Andre L. Garrett v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief.
C.C. v. Review Board of the Indiana Department of Workforce Development and Wal-Mart Associates (NFP)
Agency action. Affirms determination C.C. is ineligible for unemployment compensation benefits.
Marcus Buba v. State of Indiana (NFP)
Criminal. Affirms denial of motion to reduce bond to zero.
Juan Concepcion v. State of Indiana (NFP)
Criminal. Affirms convictions of Class A misdemeanor operating while intoxicated and Class C misdemeanor operating with a blood-alcohol content greater than 0.08 percent.
Stephen M. Coil v. Review Board of the Indiana Department of Workforce Development, International Truck & Engine Group, TALX UCExpress, Inc. (NFP)
Agency action. Reverses determination Coil is ineligible for unemployment benefits.
Bruce Foster v. State of Indiana (NFP)
Criminal. Affirms conviction and sentence for murder.
In Re the Matter of the Termination of the Parent-Child Relationship of L.T.W.B., Minor Child, and S.A.B., Mother, and H.L.B., Father, H.L.B., Father v. The Indiana Department of Child Services (NFP)
Juvenile. Affirms termination of parental rights.
Antonio Hughley, $3,861.00 in U.S. Currency and One (1) Buick, VIN# 4V37J7E133835 v. State of Indiana, The Consolidated City of Indianapolis/Marion County,et al. (NFP)
Miscellaneous. Affirms summary judgment for the state regarding forfeiture of cash.
Tanner Howard v. State of Indiana (NFP)
Criminal. Affirms denial of motion to dismiss.
Bobby Wine v. State of Indiana (NFP)
Criminal. Affirms in part four findings of contempt and reverses one finding. Remands for further proceedings.
David Hedgecraft v. State of Indiana (NFP)
Criminal. Affirms convictions of Class D felony maintaining a common nuisance and Class B felony dealing in methamphetamine.
Sarah Cartner v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor battery.
Forest Lamar, Jr. v. State of Indiana (NFP)
Criminal. Affirms conviction and sentence for Class A felony attempted murder.
Fabrianne Cloud v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony operation of a vehicle while suspended as a habitual traffic violator.
Katie L. Miller v. State of Indiana (NFP)
Criminal. Affirms convictions of Class C felony battery, Class A misdemeanor criminal recklessness and Class D felony failure to stop after an accident resulting in injury or death.
Charlie Hamby and Michael Zenk v. James Farmer (NFP)
Civil tort. Affirms denial of Hamby’s and Zenk’s motion for summary judgment against Farmer on inmate Farmer’s “notice of a lawsuit” resulting from a fall in the shower.
The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.