Opinions June 27, 2016

June 27, 2016

The following opinion was issued after IL deadline Friday.
7th Circuit Court of Appeals
John J. Otrompke v. Bradley Skolnik, Executive Director, Indiana State Board of   Law Examiners, and Greg Zoeller, Attorney General of Indiana

Appeal from the Northern District of Indiana, Hammond Division. Judge Robert L. Miller.
Civil. Affirms denial of John Otrompke’s petition to enjoin Section 3 Rule 12 of the Indiana Rules for the Admission to the Bar and The Discipline of Attorneys because he lacks standing. He has not applied for admission to the Indiana Bar and as such has failed to show harm.

Monday’s opinions
Indiana Court of Appeals

BC Osaka, Inc. and City Inn, Inc. v. Kainan Investment Groups, Inc.
Civil Tort. Reverses decision granting Kainan Investment’s cross-claim on summary judgment that BC Osaka indemnify them against a woman’s personal injury claims. Finds the lease agreement did not specify whether the indemnification extended to negligence by the landlord and the landlord controlled the parking lot where the injury happened. Remands for jury trial.

Employer v. Review Board of the Indiana Department of Workforce Development and Employee
Agency action. Reverses the grant of an employee’s unemployment benefits after the court found the woman had notice about her job being in jeopardy because of her performance despite notes of thanks from the employer.

Trevon Drakkar Walker v. State of Indiana (mem. dec.)
Criminal. Affirms Trevon Walker’s conviction and 63-year sentence for felony murder, Class A felony robbery, and Class D felony auto theft.

In the Matter of the Termination of the Parent-Child Relationship of: B.C., Minor Child, and A.C., Father v. The Indiana Department of Child Services (mem. dec.)
Juvenile. Affirms termination of father’s parental rights.

Jeremiah A. Henley v. State of Indiana (mem. dec.)
Criminal. Affirms Jeremiah Henley’s sentence for possession of cocaine or narcotic drug as a Level 6 felony, possession of synthetic drug or synthetic lookalike substance as a Class A misdemeanor, and possession of paraphernalia as a Class C misdemeanor.

Gurpreet Singh v. State of Indiana (mem. dec.)
Criminal. Affirms Gurpreet Singh’s conviction of three counts of Class D felony dealing in a synthetic drug or a synthetic drug lookalike and three counts of Class D felony money laundering.

Michael L. Spencer v. State of Indiana (mem. dec.)
Post conviction. Affirms denial of Michael Spencer’s petition for post-conviction relief.