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Opinions June 1, 2017

June 1, 2017

The following Indiana Supreme Court opinion was posted after IL deadline Wednesday:
Keyaunna Hurley v. State of Indiana
49S05-1705-CR-346
Criminal. Reverses the suspension of Keyaunna Hurley’s driving privileges. Finds the procedures for administering a chemical breath test required a second test on this record after Hurley’s first test produced an insufficient sample. Also finds unless a subject clearly manifests an unwillingness to submit to a chemical breath test, Title 260, Section 2-4- of the Indiana Administrative Code requires law enforcement to administer a second test if the first returns an “insufficient sample” message.

Thursday's opinions
7th Circuit Court of Appeals

United States of America v. Mohamed Fadiga
16-3870
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Philip P. Simon.
Criminal. Affirms Mohamed Fadiga’s conviction of possessing more than 15 unauthorized access devices. Finds the police officer had reasonable suspicion to detain Fadiga and the driver of the rental car. Also finds Fadiga has not shown discriminatory practices led to racial imbalance on the jury that convicted him.

Indiana Court of Appeals
Roy Lee Ward v. Robert E. Carter, Jr., Commissioner of the Indiana Department of Correction, and Ron Neal, Superintendent of the Indiana State Prison, in their official capacities

46A03-1607-PL-1685
Civil plenary. Reverses the LaPorte Circuit Court’s grant of the state’s motion to dismiss Roy Lee Ward’s claim seeking injunctive and declaratory relief against a new method of lethally injecting inmates with a cocktail of drugs never administered in a United States execution. Finds the state’s method of legal injection is void and without effect. Also finds the Indiana General Assembly has not exempted the Indiana Department of Correction from the Administrative Rules and Procedure Act. Finally, finds the statutory definition of “rule” clearly includes the DOC’s execution protocols. Remands for further proceedings.

Lionel Gibson v. State of Indiana (mem. dec.)

45A03-1701-CR-130
Criminal. Affirms the denial of Lionel Gibson’s motion to correct erroneous sentence. Finds the Lake Superior Court’s sentencing order is not erroneous on its face.

DNS Allen, LLC d/b/a D and S Allen, LLC v. Alan Cox and Catherine Ann Cox; Mikeal Scott Allen v. Alan Cox and Catherine Ann Cox (mem. dec.)
61A01-1609-CC-2141

Civil collection. Reverses the Parke Circuit Court’s decision to pierce the corporate veil and find Mikeal Scott Allen personally liable to Alan and Catherine Cox. Finds the trial court erred by piercing the corporate veil because there were not sufficient grounds to overcome the presumption of limited liability. Remands with instructions to adjust the judgment accordingly.

Chanse T. Starr v. State of Indiana (mem. dec.)
02A03-1608-CR-1866
Criminal. Affirms the denial of Chanse Starr’s motion for jail time credit and petition to dismiss probation. Finds Starr has failed to identify a sufficient factual basis for his eligibility for additional jail time credit, and the Allen Superior Court did not err by denying the motion. Also finds the trial court did not err in dismissing Starr’s petition to dismiss probation.
 

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