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Opinions Sept. 13, 2016

September 13, 2016
KEYWORDS Opinions

7th Circuit Court of Appeals
William Hinesley, III v. Wendy Knight, superintendent, Correctional Industrial Facility
15-2122
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Jane E. Magnus?Stinson, Judge.
Civil. Affirms district court’s decision to deny William Hinesley’s petition for writ of habeas corpus. Finds that Hinesley’s counsel was not ineffective in a prejudicial manner.
 

Indiana Court of Appeals
Marvin Hamilton and Linda Hamilton v. Schaefer Lake Lot Owners Association, Inc.
03A05-1511-SC-1906
Small claim. Affirms trial court’s judgment entered against Marvin and Linda Hamilton and in favor of the Schaefer Lake Lot Owners Association Inc. Finds that the Hamiltons are members of the association and that the statute of limitations does not bar the association’s claims for assessments made prior to 2008.

Bellwether Properties, LLC v. Duke Energy Indiana, LLC
53A04-1511-CT-1880
Civil tort. Reverses trial court’s order granting a motion to dismiss in favor of Duke Energy Indiana Inc. Finds that the court erred when it ruled that the six-year statute of limitations on Bellwether Properties’ class-action complaint and jury trial demand had expired. Remands for further proceedings. Judge May dissents.

Desarai Xashia Kemp v. State of Indiana (mem. dec.)
49A02-1602-CR-324
Criminal. Affirms Desarai Kemp’s aggregate sentence of 12 years of incarceration for Level 3 felony kidnapping and Level 6 felonies auto theft and theft.

Basden Breakfield v. State of Indiana (mem. dec.)
49A02-1602-CR-268
Criminal. Affirms Basden Breakfield’s sentence of four years imprisonment, to be served consecutive to sentences in other causes, for Level 5 felony battery against a public safety official.

Chad J. Ley v. State of Indiana (mem. dec.)
53A01-1602-CR-251
Criminal. Affirms trial court’s decision to modify Chad Ley’s bail to $50,000 surety and $1,000 cash.

Kenneth Welches v. State of Indiana (mem. dec.)
71A05-1512-CR-2249
Criminal. Affirms Kenneth Welches’ conviction of two counts of Class C felony child molesting.

Jeremy M. Hines v. State of Indiana (mem. dec.)
21A01-1603-CR-459
Criminal. Affirms Jeremy Hines’ sentence of seven years with three years executed and four years suspended to probation for Class C felony nonsupport of a dependent child.

In the Matter of the Guardianship of L.B.: Sarah Craft v. Hollie Worthington (mem. dec.)
27A02-1602-GU-388
Guardianship. Affirms trial court’s order granting Hollie Worthington’s petition for emergency guardianship of Sarah Craft’s infant, L.B. Remands for further proceedings.

Basden Breakfield v. State of Indiana (mem. dec.)
49A04-1602-CR-230
Criminal. Affirms Basden Breakfield’s sentence to four years imprisonment, to be served consecutive to the sentences in other causes, for Level 5 felony battery against a public safety official.
 

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