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Opinions Aug. 28, 2017

August 28, 2017

7th Circuit Court of Appeals
Andy Mohr Truck Center, Inc. v. Volvo Trucks North America, a division of Volvo Group North America, LLC

16-2788 and 16-2839
Appeal from the United States District Court for the Northern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Reverses the denial of Volvo Trucks North America’s motion for judgment as a matter of law under Federal Rule of Civil Procedure 50(B). Affirms the grant of summary judgment for Andy Mohr on Volvo’s claim that Andy Mohr Truck Center breached the dealership agreement by failing to build a new facility and the judgment in Volvo’s favor on Andy Mohr’s claim that Volvo intentionally misrepresented that it would provide a Mack Truck franchise. Finds Andy Mohr has failed to prove unfair discrimination. Finds the integration clause bars the new facility and Mack Truck claim.

Indiana Court of Appeals
Lauren Warman v. State of Indiana (mem. dec.)
49A02-1612-CR-2762
Criminal. Affirms Lauren Warman’s conviction of battery causing bodily injury as a Class A misdemeanor. Finds the evidence is sufficient to support her conviction.

In the Matter of the Termination of the Parent-Child Relationship of L.R. (Minor Child) and T.S. (Mother) v. The Indiana Department of Child Services (mem. dec.)
29A02-1704-JT-846
Juvenile termination of parental rights. Affirms the termination of T.S.’s parental rights upon the petition of the Hamilton County Department of Child Services. Finds DCS presented clear and convincing evidence that terminating the parent-child relationship is in the child’s best interests.

D.G. v. S.G. (mem. dec.)
32A01-1701-DR-164
Domestic relation. Affirms and reverses in part the custody order and property division issued after D.G.’s marriage to S.G. was dissolved. Finds D.G. was not denied due process in the conduct of the final hearing. Also finds the award of joint physical custody and the division of the marital property in accordance with the statutory presumption of an equal division is not clearly erroneous. Finally, finds the Hendricks Superior Court erred in excluding rental income for 2016 and treating the children’s 529 accounts as D.G.’s sole property. Remands with instructions to enter a parenting time order incorporating the most current parental work schedule and the preference for parental access to the children, and to set aside the 529 accounts before valuing the distribution to either parent or ordering an equalization payment.

Michael Anthony Torrence v. State of Indiana (mem. dec.)
49A02-1611-CR-2542
Criminal. Dismisses Michael Anthony Torrence’s appeal of his sentence to 10 years in the Indiana Department of Correction, with five years suspended with the exception of one-day non-reporting probation, for his conviction of unlawful possession of a firearm by a serious violent felon as a Level 4 felony. Finds the sentence imposed by the Marion Superior Court was within the terms of Torrence’s plea agreement, so he has waived his right a direct appeal of that sentence.

David Wayne Martin v. State of Indiana (mem. dec.)
71A04-1612-CR-2945
Criminal. Affirms the St. Joseph Superior Court’s order sentencing David Wayne Martin in absentia on his guilty plea of theft as a Level 6 felony. Finds there is no admissible evidence to rebut the trial court’s finding that Martin’s absence from his sentencing hearing was both knowing and voluntary.

Kenneth S. Tipton v. State of Indiana (mem. dec.)
47A01-1704-PC-838
Post conviction. Affirms the denial of Kenneth Tipton’s petition for post-conviction relief. Finds Tipton has failed to demonstrate a reasonable probability the result of his direct appeal would have been different had appellate counsel raised the issue of his convictions being an episode of criminal conduct.

Jolyn Hensley v. Daniel Lee Hensley (mem. dec.)
80A05-1611-DR-2567
Domestic relation. Affirms the grant of Daniel Hensley’s motion to dismiss Jolyn Hensley’s motion for relief from judgment on the basis of fraud, misrepresentation and misconduct by Daniel Hensley. Finds the Tipton Circuit Court did not abuse its discretion in denying Jolyn Hensley’s motion.

Jose Miguel Tomas-Felipe v. State of Indiana (mem. dec.)
09A02-1703-CR-607
Criminal. Affirms Jose Miguel Tomas-Felipe’s convictions of attempted murder as a Level 1 felony and burglary of a dwelling as a Level 4 felony. Finds the Cass Superior Court avoided a double jeopardy violation by entering judgment of conviction for burglary as a Level 4 felony, which does not include an element of causing injury or serious bodily injury to a person.

 

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