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Opinions Dec. 15, 2015

December 15, 2015
KEYWORDS Opinions / neglect

Opinions Dec. 15, 2015
7th Circuit Court of Appeals

The following opinion was posted yesterday after IL deadline:
Indiana Petroleum Marketers and Convenience Store Association, et al. v. David Cook, in his official capacity as Chairman of the Indiana Alcohol and Tobacco Commmission
14-2559
Civil. Affirms summary judgment for Indiana. Finds convenience stores, grocery stores and gas stations did not meet their burden to show that the state law limiting the sale of cold beer violates the Equal Protection Clause.

Indiana Tax Court
The following opinion was posted yesterday after IL deadline:
Crystal Flash Petroleum, LLC v. Indiana Department of State Revenue
49T10-1104-TA-25
Tax. Affirms summary judgment in favor of Indiana Department of Revenue’s denial to refund sales/use tax on Crystal Flash’s ice production equipment and certain food preparation equipment. Denies the department’s motion for summary judgment on its denial of a refund of the sales/use tax on company’s mid-grade gasoline equipment. Finds there is a genuine issue of material fact as to whether Crystal Flash is entitled to a refund.  

Indiana Court of Appeals
Billy Deon Blackmon v. State of Indiana

48A02-1505-CR-270
Criminal. Affirms conviction of Class D felony resisting law enforcement. Despite the prosecutor’s inference of a discriminatory motive for striking a juror on the basis of her race, it is clear the prosecutor would have struck the juror based on a demeanor-based reason alone.

Seema Kapoor; Shiv Kapoor; Performance Support Consulting, LLC; Matt Judson; and Regional Construction Services, Inc. v. Steve Dybwad; Cronin Insurance Services, Inc.; Mark Light; et al.
49A04-1410-CT-492
Civil tort. Affirms in part, reverses in part and remands, concluding the trial court erred in dismissing several fraud, constructive fraud and negligence claims against various defendants. The trial court erred in dismissing the following actual fraud claims: (1) the Kapoor Plaintiffs against Dybwad and (2) the Judson Plaintiffs against Light. The trial court erred in dismissing the following constructive fraud claims: (1) the Kapoor Plaintiffs against Dybwad, (2) the Judson Plaintiffs against Light, (3) all Plaintiffs against CIS, (4) all Plaintiffs against Fox & Fox, and (5) all Plaintiffs against WRL. The trial court erred in dismissing the following negligence claims: (1) all Plaintiffs against Fox & Fox and (2) the Judson Plaintiffs against Greenwalt. The Judson Plaintiffs may not base a claim of negligence on Greenwalt’s part for any conduct occurring before September 13, 2010. The judgment of the trial court is affirmed in all other respects.

James L. Reynolds, Jr. v. State of Indiana (mem. dec.)
79A02-1504-CR-204
Criminal. Vacates conviction for Class B misdemeanor criminal mischief, finding it violates double jeopardy because the same evidentiary facts were used for the conviction of Level 6 residential entry. Affirms two-and-a-half year sentence.

Ryan Browne v. State of Indiana (mem. dec.)
49A02-1506-CR-487
Criminal. Affirms convictions of Class B felony burglary and Class C felony robbery.

Derrick Hart v. State of Indiana (mem. dec.)
49A02-1502-CR-102
Criminal. Affirms conviction of Level 6 intimidation.

John Norris v. State of Indiana (mem. dec.)
34A05-1507-CR-797
Criminal. Affirms condition of probation that restricts Norris from having contact with children under 16 years of age.

Walter Havvard v. State of Indiana (mem. dec.)
49A02-1503-CR-127
Criminal. Affirms conviction of dealing in cocaine as a Class A felony.  

Michael Shuminoff v. State of Indiana (mem. dec.)
89A01-1505-CR-502
Criminal. Affirms an aggregate 31-year sentence with no time suspended for pleading guilty to four counts of burglary as Class C felonies and adjudication as a habitual offender.
 

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