Opinions March 18, 2015

March 18, 2015

The following Indiana Supreme Court opinion was posted after IL deadline Tuesday:
Thomas H. Kramer, Member and Manager of Domus Property Investments, LLC v. Mark Kramer, and Domus Property Investments, LLC
Civil plenary. Grants transfer and summarily affirms the Court of Appeals’ conclusion that Mark Kramer breached the noncompetition agreement with respect to all three properties. Remands with the trial court to determine damages.

Wednesday’s opinions
Indiana Supreme Court

Ball State University v. Jennifer Irons; In Re the Marriage of: Jennifer Irons and Scott Irons
Domestic relation. Reverses trial court’s order granting mother’s motion to join supplemental defendant, Ball State, and order release of transcript. Mother has not carried her burden in demonstrating that Ball State was a necessary party under Trial Rule 19. Remands with instructions to enter an appropriate order dismissing Ball State from this action.
Indiana Court of Appeals
David E. Price, Price & Associates, LLC, and Price & Collins, LLP v. Charles Brown Charitable Remainder Unitrust Trust, Charles Brown, and Charlotte Brown
Trust.  On interlocutory appeal, affirms denial of the motion for summary judgment filed by David Price, Price & Associates and Price & Collins on the trust’s suit alleging breach of trust, theft, criminal conversion, deception, attorney malpractice and breach of fiduciary duty. Nothing in Price’s and Charles Brown’s joint defense agreement explicitly waived their right to sue one another for alleged claims arising from their business relationships. Remands for further proceedings.

Allenn Peterson v. State of Indiana (mem. dec.)
Criminal. Affirms denial of pro se motion to correct erroneous sentence.

Patrick Green v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Class A misdemeanor animal cruelty.

Renicka Hoskins v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of Class D felonies operating a vehicle while intoxicated (endangerment) with a prior conviction and OWI (alcohol concentration of 0.15 or higher) with a prior conviction.

Devon Fry v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of Class C felony possession of a destructive device, Class D felony pointing a firearm, and Class A misdemeanors domestic battery, resisting law enforcement and battery.

Joshua E. Cain v. State of Indiana (mem. dec.)
Criminal. Affirms order revoking Cain’s suspended sentence and order that he serve five years in the Department of Correction.