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Opinions Aug. 11, 2016

August 11, 2016

The following opinions were posted after IL deadline Wednesday:
7th Circuit Court of Appeals

Alphonse D. Owens v. LVNV Funding, LLC; Joshua Birtchman v. LVNV Funding LLC, et al.
15-2044, 15-2082, 15-2109
Appeal from U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.
Civil. Affirms in the three cases the District Court’s grant of the defendant debt collector’s motion to dismiss lawsuits alleging that the act of filing a proof of claim on a stale debt violates the Fair Debt Collection Practices Act. The plaintiffs had not stated claims for relief under the Act. Chief Judge Diane Wood dissents.

Indiana Tax Court
Brandenburg Industrial Service Company, an Illinois corporation v. Indiana Department of State Revenue
49T10-1206-TA-37
Tax. Grants partial summary judgment to Brandenburg on the issue of whether it was a producer of scrap steel eligible for exemption under I.C. 6-2.5-5-3, the equipment exemption, and I.C. 6-2.5-5-5.1, the consumption exemption. Finds the evidence supports that the company produced scrap steel and the exemptions are applicable for the period at issue.

Thursday’s opinions
Indiana Court of Appeals

In the Termination of the Parent-Child Relationship of: C.W. (Child), and, Cl.W. (Father) v. The Indiana Department of Child Services (mem. dec.)

79A02-1601-JT-57
Juvenile. Affirms termination of parental rights.

Antonio Trujillo v. Bernard J. Vodde (mem. dec.)
02A03-1601-SC-45
Small claim. Reverses judgment against Trujillo for $5,000.

Bawi Zaah v. State of Indiana (mem. dec.)
49A02-1506-CR-710
Criminal. Affirms 12-year sentence for Class B felony attempted sexual misconduct with a minor.

Cody O'Riley v. Sergio Galindo-Oliva (mem. dec.)
49A02-1603-CT-567
Civil tort. Dismisses O’Riley’s appeal of the denial of his motion to compel an answer to a certified deposition question and order to reimburse Galindo-Oliva for his reasonable expenses incurred in opposing the motion to compel. COA lacks subject matter jurisdiction.

Gerhard Klimeck v. Virginia Klimeck (mem. dec.)
79A02-1510-DR-1796
Domestic relations. Affirms in part, reverses in part and remands. The trial court abused its discretion by twice adding the value of a Mitsubishi Outlander Sport into the marital estate. The trial court shall make any necessary corrections to its order with regard to the capital gains tax. The trial court did not abuse its discretion by equally dividing the marital assets between Gerhard and Virginia Klimeck, by ordering Gerhard to make maintenance payments to Virginia, or by ordering him to abide by a “gag order.”

K.M. v. A.M. (mem. dec.)
29A02-1602-DR-258
Domestic relation. Affirms order that modified parenting time to be contingent on mother’s participation in mental health treatment.

In the Matter of Paternity of N.S., K.H. v. D.S. (mem. dec.)
71A03-1512-JP-2172
Juvenile. Affirms order denying mother’s motion for modification of custody of child in favor of father.

Akeem Carpenter v. State of Indiana (mem. dec.)
45A03-1510-CR-1746
Criminal. Affirms conviction for murder in the perpetration of a robbery.

Jason D. Penninger v. State of Indiana (mem. dec.)
20A04-1509-CR-1545
Criminal. Affirms convictions for child molesting, one as a Class A felony and one as a Class C felony.

Gerald Hause, as Administrator of the Estate of Jon Michael Hause, Deceased v. Indiana University Health, Inc. f/k/a Clarian Health (mem. dec.)
49A05-1511-CT-1946
Civil tort. Affirms denial of Gerald Hause’s motion for judgment on the evidence.

Michael Janowiak v. Watcon, Inc. (mem. dec.)
71A04-1512-PL-2154
Civil plenary. Affirms grant of preliminary injunction enjoining Janowiak from soliciting orders from customers of his prior employer and from divulging any of his prior employer’s confidential information. Remands for the court to clarify its injunction order utilizing the verified statement provided by Watcon.

Bryant Dowdy v. State of Indiana (mem. dec.)
49A02-1506-CR-551
Criminal. Affirms convictions and sentence for murder and attempted murder.

In the Termination of the Parent-Child Relationship of: K.K. & D.K. (Minor Children), and Ke.K. (Father) v. The Indiana Department of Child Services (mem. dec.)
79A05-1601-JT-166
Juvenile. Affirms termination of father’s parental rights.

Ronald A. Williamson v. State of Indiana (mem. dec.)
18A02-1509-CR-1588
Criminal. Affirms 50-year aggregate sentence for Class A felony child molesting and Class B felony sexual misconduct with a minor.

Juan Duran v. State of Indiana (mem. dec.)
02A04-1601-CR-65
Criminal. Affirms convictions of Level 6 felony attempted residential entry and Class B misdemeanor criminal recklessness. Reverses Class B misdemeanor criminal mischief conviction and remands with instructions for the trial court to vacate that conviction and related sentence.

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