Opinions March 16, 2016

March 16, 2016

The following decisions came in after IL deadline Tuesday.

Indiana Supreme Court
Saundra S. Wahl v. State of Indiana, 29S04-1510-CR-605; and Daniel P. Wahl v. State of Indiana, 29S02-1510-CR-606.  
Criminal. Reverses Saundra and Daniel Wahl’s convictions of involuntary manslaughter and remands for new trial due to jury misconduct. Alternate juror wrongly participated in deliberations. Justice Mark Massa dissented in part, saying the case should be remanded for hearings on the juror misconduct, not remanded for a new trial.

7th Circuit Court of Appeals
Kellie Pierce v Zoetis Inc. and Lois Heuchert
U.S. District Court, Northern District of Indiana, Fort Wayne Division. Judge Theresa L. Springmann.
Civil. Affirms District Court’s dismissal of Kellie Pierce’s amended complaint of tortious interference with a business relationship because she did not state a claim upon which relief could be granted under Indiana law.

Wednesday’s opinions
Indiana Court of Appeals
Edward P. Kramer v. Focus Realty Group, LLC, successor in interest to AES Restaurants, LLC
Civil plenary. Affirms award of summary judgment in favor of Focus Realty Group for breach of contract after it paid $40,000 more than the correct purchase price. Kramer’s attorney had responded to a request by Focus’ attorney with a figure higher than the lease actually was.

Delmas Sexton II v. State of Indiana: Allen County Public Defender's Office, et al. (mem. dec.)
Civil tort. Affirms summary judgment in favor Allen County Public Defender’s Office and Allen County Police Department after Sexton’s civil actions were dismissed with prejudice.

Jeffery L. Nelson v. Lorri M. Nelson, n/k/a Lorri M. Miller (mem. dec.)
Domestic relations. Affirms ruling ordering father to pay one-third of college expenses incurred by his son, as well as a portion of his ex-wife’s attorney fees.

Kyle Hutton v. State of Indiana (mem. dec.)
Criminal. Affirms convictions and sentence of Kyle Hutton for three counts of Class B felony causing death when operating a motor vehicle with alcohol concentration equivalent of 0.15 or more.

Joshua Johnson v. State of Indiana (mem. dec.)
Criminal. Affirms Joshua Johnson’s conviction for theft as a Class A misdemeanor.  

Jason A. Jones v. State of Indiana (mem. dec.)
Criminal. Affirms order revoking Jason Jones’ probation.