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Opinions Nov. 14, 2014

November 14, 2014
KEYWORDS Opinions / neglect

The following opinion Indiana Supreme Court opinion was issued after IL deadline Thursday.
Joseph K. Buelna v. State of Indiana
20S04-1404-CR-243
Criminal. Affirms conviction of Class A felony possession of methamphetamine, holding that the statutory requirement of possession of at least 3 grams of “adulterated” methamphetamine refers to the weight of the final product and not the weight of an intermediate mixture undergoing reaction. While authorities relied heavily on the weight of an intermediate mixture to charge Buelna, other evidence was sufficient to affirm the conviction.

Indiana Court of Appeals
Timothy W. Paul v. Stone Artisans, Ltd.
29A04-1406-PL-258
Civil plenary. Affirms finding that Paul breached his contract with Stone Artisans. Finds that although the contact did not include measurements, the contract is still enforceable because it is reasonably certain in the terms and conditions. Also rules the contract did comply with the Home Improvement Contract Act despite missing two of the required nine elements.

Ray Clifton v. Ruby McCammack
49A02-1404-CT-276
Civil tort. Reverses summary judgment in favor of Ruby McCammack and orders summary judgment in favor of Ray Clifton, remanding for a trial on damages for his claim of negligent infliction of emotional distress. Clifton’s son died in a moped crash in which McCammack admitted negligence. He was entitled to summary judgment because the evidence found he met the modified impact rule established in Shuamber v. Henderson, 579 N.E.2d 452, 454 (Ind. 1991), and he satisfied the bystander rule in Smith v. Toney, 862 N.E.2d 656 (Ind. 2007).

Walgreen Co. v. Abigail E. Hinchy
49A02-1311-CT-950
Civil tort. Affirms $1.4 million jury verdict in favor of Abigail Hinchy, whose personal prescription information was disclosed to a third party after it was accessed by a Walgreen pharmacist. There was no reversible error on Walgreen’s appellate arguments that it was entitled to summary judgment or a directed verdict; that Hinchy’s counsel had engaged in improper ex parte communications by filing a brief under seal and failing to provide a copy to Walgreen; that the jury was improperly instructed; and that the jury’s verdict was excessive.

Trinity Ross v. State of Indiana (NFP)
49A02-1402-CR-126
Criminal. Affirms convictions for Class A misdemeanor resisting law enforcement and Class B misdemeanor public intoxication.

In the Matter of the Termination of the Parent-Child Relationship of: K.B., Minor Child, and A.B., Mother v. The Indiana Department of Child Services (NFP)
13A04-1405-JT-206
Juvenile. Affirms termination of parental rights.

Rafael Walker v. State of Indiana (NFP)
49A04-1404-CR-191
Criminal. Affirms convictions of murder and Class C felony robbery.

Shari Melton v. State of Indiana (NFP)
75A03-1403-CR-105
Criminal. Affirms conviction of Class D felony possession of methamphetamine. Reverses conviction of Class A misdemeanor possession of marijuana for lack of evidence demonstrating Melton knew of its presence in a house she shared with others.

Forrest R. Ferguson v. State of Indiana (NFP)
49A02-1406-CR-406
Criminal. Grants rehearing to correct statements that the court lacked jurisdiction to consider Ferguson’s untimely appeal but finds notwithstanding the erroneous references that dismissal of his appeal was warranted.

Henry Morales v. State of Indiana (NFP)
49A02-1403-CR-175
Criminal. Affirms conviction of Class A misdemeanor patronizing a prostitute.

Cody Waldrip v. State of Indiana (NFP)
53A05-1404-CR-154
Criminal. Affirms conviction of Class B felony escape.

Ryan K. Hensley v. State of Indiana (NFP)
19A04-1403-CR-113
Criminal. Affirms denial of credit time sought by Hensley in an order to revoke probation.

Ronald F. Graham v. State of Indiana (NFP)
22A01-1404-CR-181
Criminal. Affirms convictions of Class D felony resisting law enforcement and Class A misdemeanor criminal recklessness.

Landon Q. Jones v. Terry Curry, as the Marion County Prosecutor and Ronald Stiver, as the Commissioner of the Indiana BMV (NFP)
49A02-1403-MI-204
Miscellaneous. Affirms determination by the Bureau of Motor Vehicles that Jones is a habitual traffic violator.
 

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