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Opinions April 25, 2017

April 25, 2017

The following Indiana Supreme Court opinion was posted after IL deadline Monday:
KS&E Sports and Edward J. Ellis v. Dwayne H. Runnels
49S02-1606-CT-349
Civil tort. Affirms the denial of Dwayne Runnels’ negligence, piercing-the-corporate-veil and civil-conspiracy claims and dismisses those claims. Reverses the denial of Runnels’ public-nuisance claim seeking equitable relief to proceed. Finds Indiana Code 34-12-3-3(2) is unambiguous and functions as a limited immunity statute that insulates KS&E Sports from lawsuits for “recovery of damages resulting from the criminal or unlawful misuse of a firearm … by a third party.” However, also finds I.C. 34-12-3-3(2) does not immunize KS&E from Runnel’s public-nuisance claim, the statute is not preempted by federal law, and it does not violate either state or federal constitutions. Remands to the Marion Superior Court for further proceedings. Chief Justice Loretta Rush and Justice Robert Rucker concur in part and dissent in part with separate opinion.

Tuesday's opinions
Indiana Court of Appeals

Dugniqio Forest v. State of Indiana (mem. dec.)
82A04-1609-CR-1980
Criminal. Affirms Dugniqio Forest’s conviction of Level 4 felony possession of cocaine and sentence to 11 years. Finds the Vanderburgh Superior Court did not abuse its discretion by granting the state’s motion for continuance and that Forest’s sentence is not inappropriate.

Jeffery L. Taylor v. State of Indiana (mem. dec.)
84A04-1609-CR-2254
Criminal. Affirms Jeffrey Taylor’s conviction of battery by means of a deadly weapon as a Level 5 felony. Finds the state presented sufficient evidence to support Taylor’s conviction.

Randy Drake v. Jenita McMillan (mem. dec.)
27A02-1608-JP-1915
Juvenile paternity. Affirms the denial of Randy Drake’s petition to modify custody of his child, R.M.-D. Finds the Grant Superior Court’s denial of Drake’s petition was not clearly erroneous.

Ronald Collins, III v. State of Indiana (mem. dec.)
79A02-1611-CR-2574
Criminal. Affirms Ronald Collins III’s sentence to an aggregate of four years, with two years executed in the Department of Correction, one year with the Tippecanoe County Community Corrections and one year suspended to supervised probation, for robbery as a Level 5 felony and theft as a Class A misdemeanor. Finds Collins has not sustained his burden of establishing that his sentence is inappropriate in light of the nature of the offense and his character.

John D. Anders v. State of Indiana (mem. dec.)
17A05-1611-CR-2634
Criminal. Affirms John Anders’ conviction of operating a vehicle with an alcohol concentration equivalent greater than 0.08 as a Class C misdemeanor. Finds the DeKalb Superior Court did not abuse its discretion in admitting and excluding evidence or in instructing the jury.
 

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