Opinions Dec. 17, 2015

December 17, 2015

Indiana Supreme Court
The following opinion was issued after IL deadline Wednesday.
AM General LLC v. James A. Armour
Civil plenary. Affirms trial court order in favor or Armour, awarding him the remaining portion of his long-term incentive plan payments. Holds that the promissory note AM General provided to Armour as compensation under the plan after he retired did not satisfy the requirement of “payment” under the disputed employment contract. As a matter of law, payment under the contract requires the benefit to be paid in cash or a cash equivalent.

Indiana Court of Appeals
Jerrell Antonio Key v. State of Indiana

Miscellaneous/expungement. Reverses denial of motion to correct error, challenging the trial court’s denial of his petition to expunge his conviction records for Class B felony aiding robbery and Class D felony resisting law enforcement. The trial court erred when it denied Key’s expungement petition without first setting a hearing when the prosecutor objected. Remands to the trial court for proceedings.

Monarch Beverage Company, Inc. v. David Cook, in his official capacity as Chairman of the Indiana Alcohol and Tobacco Commission, et al.
Civil Plenary. Affirms summary judgment in favor of the State and against Monarch Beverage. Finds Monarch failed to show how Indiana’s alcohol wholesale laws discriminate against beer wholesalers by prohibiting them from obtaining a permit to distribute liquor. Notes all people seeking a wholesaler’s permit have an equal opportunity to choose to become either a beer or liquor wholesaler and, after the choice, beer and liquor wholesalers are equally prohibited from acquiring a permit to distribute any other alcohol except for wine. Rules the state’s Prohibited Interest Provisions do not violate the Equal Privileges and Immunities Clauses in the Indiana Constitution.

Barry B. Eskanos and Ami B. Eskanos v. Washinton Mutual Bank, FA and JPMorgan Chase Bank, N.A. (mem. dec.)
Miscellaneous. Affirms trial court order finding the Eskanos in contempt.

In the Matter of T.D. (Minor Child), A Child in Need of Services, and W.D. (Father) v. The Indiana Department of Child Services (mem. dec.)
Juvenile. Dismisses for lack of jurisdiction father’s appeal of a trial court order denying his motion for modification of placement of his daughter, T.D. The order is not a final order and father did not seek an interlocutory appeal.

Montrail Williams v. State of Indiana (mem. dec.)
Criminal. Affirms 55-year executed sentence and conviction of Class B felony counts of burglary, conspiracy to commit burglary, possession of a firearm by a serious violent felon and Class C felony robbery.

Timothy L. Bye v. State of Indiana (mem. dec.)
Criminal. Affirms 10-year executed sentence for conviction of Class B felony sexual misconduct with a minor.