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Opinions May 23, 2018

May 23, 2018

The following Indiana Supreme Court opinion was posted after IL deadline Tuesday:
In the Matter of Stephen W. Schuyler

18S-DI-184
Disciplinary. Disbars Stephen Schuyler. Finds Schuyler engaged in attorney misconduct by stealing hundreds of thousands of dollars from six supervised estates, failing to comply with court orders and failing to cooperate with the disciplinary process.

Wednesday opinions
Indiana Court of Appeals
American Consulting, Inc. d/b/a American Structurepoint, Inc. v. Hannum Wagle & Cline Engineering, Inc. d/b/a HWC Engineering, Inc., Marlin A. Knowles, Jr., Jonathan A. Day, Tom Mobley, et al.

49A02-1611-PL-2606
Civil plenary. Reverses the grant of summary judgment to HWC Engineering, Inc., Marlin A. Knowles, Jr., Jonathan A. Day, Tom Mobley and David Lancet on American Structurepoint, Inc.’s claims for liquidated damages resulting from alleged breaches in employment contracts by former ASI employees. Affirms the denial of HWC’s motion for summary judgment on ASI’s claim of tortious inference with a contractual relationship and breach of contract. Finds the Marion Superior Court erred in granting summary judgment to the HWC parties on the issue of liquidated damages, but properly denied HWC’s motion for summary judgment on the other claims. Judge Patricia Riley concurs in part and dissents in part with separate opinion.

J.B. and P.B. v. J.V. and K.V. (mem. dec.)
49A02-1712-MI-2754
Miscellaneous. Affirms the dismissal of J.B. and P.B.’s petition for grandparent visitation and denial of their motion to correct error. Finds the Marion Superior Court did not abuse its discretion.
 
Lawrence Nunley v. State of Indiana (mem. dec.)
31A01-1703-PC-547
Post-conviction. Affirms the denial of Lawrence Nunley’s petition for post-conviction relief. Finds Nunley has not established that his trial counsel or appellate counsel was ineffective.
 
Johnny Moore v. State of Indiana (mem. dec.)
53A04-1706-CR-1269
Criminal. Affirms Johnny Moore’s felony murder and Level 4 felony burglary conviction and his aggregate 77-year sentence. Finds the Monroe Circuit Court did not abuse its discretion in admitting evidence, and Moore waived his right to appellate review on the introduction of evidence related to his alleged assault. Also finds the evidence was sufficient to support Moore’s convictions and there was no error under Indiana’s Double Jeopardy clause. Finally, finds Moore’s sentence is not inappropriate.
 
Joseph Clinard v. Visio Financial Services, Inc. (mem. dec.)
41A01-1707-MF-1552
Mortgage foreclosure. Affirms the grant of summary judgment to Visio Financial Services, Inc. and the denial of Joseph Clinard’s motions to dismiss and strike. Finds the Johnson Superior Courts did not abuse its discretion in denying his motion to strike and did not err in granting summary judgment to Visio Financial.

Jack W. Lombard, III v. State of Indiana (mem. dec.)
02A03-1711-CR-2755
Criminal. Affirms Jack W. Lombard, III’s 1½-year sentence for his conviction of intimidation as a Level 6 felony in one cause, and his 1½-year sentence for his conviction of unlawful possession of a syringe as a Level 6 felony and possession of paraphernalia as a Class C misdemeanor in another cause. Finds Lombard’s sentences aren’t inappropriate.

 

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