`

Opinions June 7, 2017

June 7, 2017

7th Circuit Court of Appeals
Gregory L. Cripe and Tammy Cripe v. Henkel Corporation and National Starch & Chemical, Co.
17-1231
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Philip P. Simon.
Civil. Affirms the district court’s grant of summary judgment to Henkel Corp. Finds that Henkel provided reasons to think methylene diphenyl diisocyanate could not have caused Gregory Cripe’s symptoms, and Cripe offered no contrary evidence.

Indiana Court of Appeals
State of Indiana v. John B. Larkin
46A04-1607-CR-1522
Criminal. Affirms the grant of John Larkin’s motions for discharge and dismissal after he was charged with voluntary manslaughter as a Class A felony related to the 2012 death of his wife, Stacey Larkin. Finds the LaPorte Circuit Court did not err in granting the motions. Judge Michael Barnes dissents with separate opinion.

Ross Nifong d/b/a Ross Nifong Farms and Ross Nifong Farms, LLC v. Joseph R. Brown d/b/a Joe Brown Drilling Contractor (mem. dec.)
50A04-1609-CC-2288
Civil collection. Affirms the Marshall Circuit Court’s judgment awarding Joseph R. Brown the sum of $36,055.74 on his breach of contract claim against Ross Nifong. Finds condition precedent existed to the verbal contract between Nifong and Brown. Also finds Nifong cannot maintain an action for trespass against Brown or establish a claim for criminal conversion. Finally, finds the trial court properly awarded judgment in favor of Brown.

Dale D. Carter v. State of Indiana (mem. dec.)
02A03-1701-CR-26
Criminal. Affirms Dale Carter’s sentence to 2 ½ years in the Indiana Department of Correction after he pleaded guilty to domestic battery as a Level 6 felony. Finds Carter’s sentence is not inappropriate in light of the nature of the offense and his character.

Tyler J. Collins v. State of Indiana (mem. dec.)
79A05-1612-CR-2894
Criminal. Affirms Tyler J. Collins’ sentence to 2 ½ years in Tippecanoe County Community Corrections for unlawful possession of a syringe as a Level 6 felony. Finds Collins has not sustained his burden of establishing that his sentence, if accepted, is inappropriate in light of the nature of the offense and his character.

Kaylin M. Reynolds v. State of Indiana (mem. dec.)
46A03-1609-CR-2139
Criminal. Affirms Kaylin Reynolds’ sentence to 12 years in the Indiana Department of Correction for neglect of a dependent resulting in serious bodily injury as a Level 3 felony. Finds Reynolds’ sentence is not inappropriate in light of the nature of the offense and her character.

Rodney J. Applewhite v. State of Indiana (mem. dec.)
71A03-1610-CR-2274
Criminal. Affirms the St. Joseph Superior Court’s imposition of two years of community corrections as a condition of Rodney Applewhite’s probation for Level 3 felony armed robbery. Finds the trial court did not abuse its discretion.
 

ADVERTISEMENT