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Opinions Aug. 9, 2016

August 9, 2016

The following opinion was issued after IL deadline Monday.
7th Circuit Court of Appeals

American Family Mutual Insurance Company v. David Williams, et al.
15-3400
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Affirms judgment in favor of the Van de Venters and Williams. Rejects AmFam’s argument that it did not have to cover Williams’ claim because he was legally responsible for Emma, the Van de Venters’ family dog, when she pulled on her leash and injured his shoulder.  Finds the insurance policy’s provision prohibiting claims from the intra-insured does not apply because Williams was not possessing, keeping or harboring the dog. Judge David Hamilton concurs in a separate opinion.

Tuesday’s opinions
Indiana Court of Appeals
Edgardo A. Henriquez v. State of Indiana
20A04-1510-CR-1841
Criminal. Majority affirms Edgardo A. Henriquez’s conviction and 30-year executed sentence for Class A felony child molesting, finding that he was not harmed by the trial court’s failure to advise him of his earliest and latest possible release dates pursuant to Indiana Code 35-38-1-1(b).Urges the Legislature to revisit the statute which the panel found imposes an impracticable burden on trial courts. Judge John Baker dissents and would affirm the conviction and remand to the trial court to include the statutorily required advisement in a new sentencing order.
 
Antonio R. Harrison v. State of Indiana (mem. dec.)
27A04-1411-CR-551
Criminal. Affirms conviction of Class A felony dealing in a narcotic drug, Class D felony counts of possession of a controlled substance, maintaining a common nuisance, possession of a narcotic drug, and Class A misdemeanors of possession of paraphernalia and possession of a synthetic drug.

Taurean Jones v. State of Indiana (mem. dec.)
34A02-1601-CR-226
Criminal. Affirms determination that Taurean Jones was competent to stand trial.

Linda Wells v. State of Indiana (mem. dec.)
49A05-1601-CR-51
Criminal. Affirms conviction of Class A misdemeanor criminal mischief.

Michael Stewart v. State of Indiana (mem. dec.)
34A02-1512-CR-2352
Criminal. Affirms conviction of Class D felony dealing in a synthetic drug lookalike substance.

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