Opinions Sept. 3, 2014

September 3, 2014

The following Indiana Supreme Court opinion was posted after IL deadline Tuesday:
Natural Resources Defense Council v. Poet Biorefining- North Manchester, LLC, Poet Biorefining- Cloverdale, LLC, Central Indiana Ethanol, Inc., et al.
Miscellaneous. IDEM was not required to formally amend Indiana’s state implementation plan with the EPA to effectuate its change in how it interprets the regulatory phrase “chemical process plant.” IDEM’s interpretation to exclude fuel ethanol plants under the definition of “chemical process plant” is legally permissible.

Wednesday’s opinions
Indiana Supreme Court

Christopher Cross v. State of Indiana
Criminal. Vacates Cross’ conviction for carrying a handgun without a permit and five-year sentence imposed under the handgun enhancement charge. Remands for further proceedings. The trial court erred by entering convictions and sentences for both carrying a handgun without a permit after a felony conviction and use of a firearm in a controlled substance offense as an enhancement based on possession of the same handgun.

Indiana Court of Appeals
Mobile Home Management Indiana, LLC v. Avon Village MHP, LLC, State of Indiana Bureau of Motor Vehicles, Treasurer of Hendricks County Indiana
Miscellaneous.  Reverses summary judgment in favor of Avon Village MHP, in which it was awarded ownership and title to 17 mobile homes obtained through an auction. Avon Village did not comply with the timing requirements of I.C. 9-22-1.5-1, et seq. in acquiring several mobile homes through the auction process. Remands for judgment to be entered in favor of Mobile Home Management Indiana LLC.

Timothy McSchooler v. State of Indiana
Criminal. Affirms convictions of Class D felony strangulation and Class A misdemeanor battery. McSchooler validly waived his right to trial by jury and his three-year prison sentence is not inappropriate.

Brian S. Hartman v. State of Indiana (NFP)
Criminal. Affirms the allowance of an amendment to Hartman’s charging information and the refusal to sever count I from counts II and III.

Town of Cedar Lake v. Review Board of the Indiana Department of Workforce Development and Mary J. Dickson (NFP)
Agency action. Affirms decision that Dickson is entitled to unemployment benefits.

Brian House v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class D felony operating a vehicle while intoxicated and Class A misdemeanor operating a vehicle while intoxicated, which were merged by the trial court.

Anthony Johnson v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Papa Ndiaye v. Review Board of the Indiana Department of Workforce Development and Federal Mogul Corp. (NFP)
Agency action. Affirms decision Ndiaye is ineligible for unemployment benefits.

Tarik Fields v. State of Indiana (NFP)
Criminal. Affirms sentence for Class D felonies criminal recklessness and criminal confinement.

Raveon Harrell v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief.

B.J. v. State of Indiana (NFP)
Juvenile. Affirms adjudication that B.J. committed what would be Class D felony receiving stolen property, if committed by an adult.

Samantha Lee v. State of Indiana (NFP)
Criminal. Affirms convictions of one count of Class D felony neglect of a dependent and four counts of Class A misdemeanor neglect of a vertebrate animal.

Charles W. Turner v. Montague M. Oliver, Jr. (NFP)
Civil tort. Affirms order denying Turner’s motion to correct error after judgment was entered in favor of Oliver on Turner’s complaint involving his Westlaw account.

Kristen Shane Lester v. State of Indiana (NFP)
Criminal. Affirms order revoking Lester’s direct placement in community corrections and placement in the custody of the DOC.

J.J. v. State of Indiana (NFP)
Juvenile. Affirms awarding wardship of J.J. to the DOC.

Brandon J. Lunkin v. State of Indiana (NFP)
Criminal. Affirms aggregate 44-year sentence in the DOC following a guilty plea to three counts of Class B felony dealing in cocaine and admitting to being a habitual offender.

David Hooker v. State of Indiana (NFP)
Criminal. Affirms denial of motion to vacate guilty plea entered into in 2001.

Mariea L. Best v. Russell C. Best (NFP)
Domestic relation. Affirms contempt order against Mariea Best.

Davetta Davidson v. State of Indiana (NFP)
Criminal. Affirms conviction of Class B misdemeanor criminal mischief.

Cameron Wood v. State of Indiana (NFP)
Criminal. Affirms sentences imposed for Class B felony rape and Class C felony criminal confinement and remands to the trial court to vacate the convictions and sentences for Class B felony child molesting and Class D felony sexual battery.

Jared W. Baehl v. State of Indiana (NFP)
Criminal. Remands for clarification as to the offense of which Baehl was convicted.