Opinions April 22, 2016

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Indiana Court of Appeals
Kennedy Tank & Mfg. Co., Inc.; and Hemlock Semiconductor Corp., and Hemlock Semiconductor, LLC v. Emmert Industrial Corporation, d/b/a Emmert International
Civil tort. Reverses denial of Kennedy Tank Manufacturing’s motion to dismiss the lawsuit brought against it by Emmert International. The Indiana statute of limitation the trial court relied on is preempted by a federal statute with a shorter limitations period, and Emmert did not bring the lawsuit within that period.

Byron Tinker and Travis Kelley v. State of Indiana
Criminal. Dismisses with prejudice charges against Byron Tinker for a Class D felony maintaining a common nuisance and three Class A misdemeanors: possession of marijuana, dealing in marijuana and possession of paraphernalia. The trial court erroneously assigned periods of time to him that should have counted against the state for Criminal Rule 4(C) calculations.

Patrick Cummings v. State of Indiana (mem. dec.)
Criminal. Remands with instructions to vacate Patrick Cummings’ conviction of Class D felony possession of cocaine because it violates double jeopardy.

Genahol, LLC, Genahol-Powers 1, LLC v. Earl Powers, Powers Energy One of Indiana, LLC, Worldnet Capital 1, LLC (mem. dec.)
Civil plenary. Affirms dismissal of Genahol’s complaint for monetary and exemplary damages without prejudice.

Leonard Talton v. State of Indiana (mem. dec.)
Criminal. Affirms Leonard Talton’s seven-year sentence after Talton pleaded guilty to Class C felony possession of cocaine, two counts of Class D felony resisting law enforcement and Class A misdemeanor possession of marijuana.

Raymond Lamont Hawkins v. State of Indiana (mem. dec.)
Post conviction. Affirms denial of Raymond Hawkins’ petition for post-conviction relief.

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