Opinions Dec. 9, 2015

December 9, 2015

Indiana Court of Appeals
Chuck W. Adams, Charles E. Howard, et al. v. ArvinMeritor, Inc., et al.
Civil plenary. Reverses the grant of ArvinMeritor and state defendants’ Trial Rule 12(B)(6) motions to dismiss the plaintiffs’ claim for unpaid wages because Adams, a Department of Correction inmate, has a private right of action to pursue his wage claim. Affirms summary judgment to the defendants on his personal injury claim because Adams had an available administrative remedy but failed to pursue it to completion. Concludes Adams was allowed to participate in a hearing on a number of motions through the submission of documentary evidence. Judge May dissents.

Michael Fish v. 2444 Acquisitions, LLC
Mortgage foreclosure. Reverses the grant of a motion for relief from judgment filed by 2444 Acquisitions LLC. The agreed judgment is not void under Ind. Trial Rule 60(B)(6), and because 2444 Acquisitions filed its motion for relief more than one year after the judgment, it is not entitled to relief under Trial Rule 60(B)(3) for misrepresentation, fraud, or fraud on the court.

Henry Lee Shell, Jr. v. State of Indiana (mem. dec.)
Post conviction. Affirms denial of Shell’s petition for post-conviction relief, in which he claimed ineffective assistance of counsel.

Ivan R. Embry v. State of Indiana (mem. dec.)
Criminal. Affirms 16-year sentence following guilty plea to Level 3 felony armed robbery and Level 4 felony unlawful possession of a firearm by a serious violent felon.

Nicholas Cooper v. State of Indiana (mem. dec.)
Criminal. Affirms sentence imposed following the revocation of Cooper’s probation.

Brian N. McClain v. State of Indiana (mem. dec.)
Criminal. Affirms sentence for Class B felony criminal confinement and Class A misdemeanor invasion of privacy.

Harold Randy Hughes v. State of Indiana (mem. dec.)
Criminal. Affirms 7.5-year sentence in the Department of Correction following guilty plea to Class C felony sexual misconduct with a minor.

Rashaun Curry v. State of Indiana (mem. dec.)
Criminal. Affirms sentence for Class A felony dealing in a Schedule III controlled substance, Class B felony dealing in a Schedule II controlled substance, and Class A misdemeanors possession of marijuana and driving while suspended.

Trenton B. Holcomb v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of Class B felony dealing in methamphetamine and Class D felony possession of methamphetamine. Remands for correction of sentencing error in which the trial court improperly entered judgments of both convictions on both counts without vacating the lesser count.

Scott Bowcock v. State of Indiana (mem. dec.)
Criminal. Affirms 40-year sentence for Class A felony attempted child molesting and Class C felony child molesting.

Robert J. Maxie v. State of Indiana (mem. dec.)
Criminal. Affirms denial of motion to correct erroneous sentence.