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Opinions Feb. 8, 2017

February 8, 2017

Indiana Supreme Court
City of Lawrence Utilities Service Board, City of Lawrence, Indiana, and Mayor Dean Jessup, Individually and in his Official Capacity v. Carlton E. Curry
49S02-1609-CT-481
Civil tort. Affirms the Marion Superior Court’s grant of summary judgment in favor of Carlton Curry on his wrongful discharge claim and in favor of the city of Lawrence on Curry’s Wage Payment Statute claim. Also affirms the denial of Curry’s tortious interference claim. Finds that based on the clear and unambiguous language of Indiana Code 8-1.5-3-5(d), the Utilities Service Board had the sole authority to terminate Curry after notice and a hearing. Also finds that any other method for termination is up to the Legislature to determine as a matter of policy. Justice Steve David dissents with separate opinion.

Indiana Court of Appeals
Matthew James Cole v. State of Indiana
49A02-1603-CR-542
Criminal. Affirms Matthew Cole’s convictions of Level 3 felony resisting law enforcement; Level 5 felonies possession of an altered handgun, possession of methamphetamine, and possession of a narcotic drug; three counts of Class A misdemeanor carrying a handgun without a license and Class A infraction possession of paraphernalia. Finds Cole’s convictions are supported by sufficient evidence.

Thomas E. Sparks v. State of Indiana (mem. dec.)
89A04-1605-CR-1014
Criminal. Affirms the denial of Thomas Sparks’ writ of habeas corpus. Finds Sparks failed to present an argument that supports his claim that he is entitled to immediate discharge.

Carisa Coffman v. Theodore Brown, Toyota Material Handling Midwest, Inc. (mem. dec.)
48A04-1608-CT-1975
Civil tort. Affirms the Madison Circuit Court’s grant of Toyota Material Handling Midwest Inc.’s order to enforce a settlement agreement with Carisa Coffman. Finds the trial court did not err when it ordered the parties to submit a stipulation of dismissal in enforcement of the settlement agreement.

James Sturgel v. State of Indiana (mem. dec.)
15A01-1607-CR-1509
Criminal. Reverses James Sturgel’s convictions of Class B felony child molesting and Class C felony child molesting. Finds that the Dearborn Superior Court abused its discretion in admitting evidence that Sturgel had admitted to molesting a child. Remands for a new trial.

Justine Archer v. State of Indiana (mem. dec.)
49A04-1606-CR-1444
Criminal. Reverses a restitution order following Justine Archer’s guilty plea to auto theft as a Level 6 felony. Finds the Marion Superior Court’s conclusion that all the costs of repair and replacement items enumerated in the repair estimate are attributable to the theft goes beyond the evidence of record. Also finds the order for the payment of $5,240.32 to be an abuse of discretion under the circumstances. Remands for a hearing on the actual loss Robin Boyer suffered as a result of Archer’s theft of her vehicle.

Billy Stacy Jr. v. State of Indiana (mem. dec.)
18A02-1608-CR-1829
Criminal. Reverses Billy Stacy Jr.’s sentence to an aggregate of 62 years executed in the Indiana Department of Correction for his convictions of rape, criminal confinement, battery, strangulation and theft. Raises sua sponte the issue of whether the Delaware Circuit Court improperly sentenced Stacy and finds that his sentence exceeds statutory authority. Remands for re-sentencing.

Lori Enfield, Richard Enfield, Marvin Enfield, Thomas E. Wilson as Guardian for Sharon Enfield, and Steuben County Treasurer v. The Farmers & Merchants State Bank (mem. dec.)
76A05-1603-MF-579
Mortgage foreclosure. Affirms the Steuben Superior Court’s grant of summary judgment in favor of The Farmers & Merchants State Bank. Finds the trial court properly granted summary judgment in favor of the bank.
 

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