Opinions Nov. 1, 2017

November 1, 2017

Indiana Court of Appeals
Raymond Brown, on behalf of Himself and All Others Similarly Situated v. Bucher and Christian Consulting, Inc., d/b/a BCforward

Civil plenary. Affirms the Marion Superior Court’s order granting partial summary judgment on the pleadings filed by Bucher and Christian Counseling, Inc., d/b/a BCforward on Raymond Brown’s claims under the wage payment statute. Finds the trial court did not err as a matter of law when it found Brown was not entitled to seek damages for salary-based wages or commission-based payments under the wage payment statute.

Trevor L. Morgan v. State of Indiana
Criminal. Affirms the revocation of Trevor L. Morgan’s direct placement in community corrections. Finds Indiana Code section 35-38-2.6-5 does not impermissibly delegate judicial power to the executive branch. Also finds Morgan was given a hearing which comported with the principles of due process. Remands for a determination of any credit time due to Morgan.

W.R. v. State of Indiana
Expungement petition. Affirms the denial of W.R.’s petition for expungement. Finds the DeKalb Superior Court did not abuse its discretion in partially denying W.R.’s petition for expungement.

Kurt Stuhlmacher v. State of Indiana (mem. dec.)
Criminal. Affirms Kurt Stuhlmacher’s convictions of Level 1 felony attempted murder, Level 3 felony attempted aggravated battery, two counts of Level 6 felony resisting law enforcement, three counts of Level 6 felony criminal recklessness and Class A misdemeanor operating a vehicle while intoxicated endangering a person. Finds the Jasper Superior Court did not err in the admission of evidence or in instructing the jury on the charge of attempted murder. Also finds Stuhlmacher did not receive ineffective assistance of trial counsel.