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Opinions

Opinions June 8, 2018

Indiana Court of Appeals
Lockerbie Glove Factory Town Home Owners Association, Inc., Andre B. Lacy, Julia L. Lacy, Elliot J. & Serena Androphy, et al. v. Indianapolis Historic Preservation Commission, and Dan Jacobs

49A02-1708-CT-1681
Civil Tort. Affirms judgment of the trial court denial of a petition for judicial review of the Indianapolis Historic Preservation Commission’s certificate of appropriateness to Dan Jacobs for constructing a retail, residential and parking project in the Lockerbie Square Historic District of Indianapolis. Finds the Remonstrators failed to prove that the Commission decision was invalid due to bias.
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Opinions June 7, 2018

Indiana Court of Appeals
Steven Davenport v. State of Indiana (mem. dec.)

34A04-1712-CR-2983
Criminal. Affirms the trial court’s order requiring Steven Davenport, who pleaded guilty to child solicitation, to serve the remainder of his suspended sentence in the Department of Correction for violating probation. The trial court did not abuse its discretion in finding he violated probation on three occasions and was given multiple chances to no avail.
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Opinions June 4, 2018

7th Circuit Court of Appeals
Cheryl Dalton v.  Teva North America, et al.

17-1990
Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Richard L. Young, Judge.
Civil. Affirms summary judgment against Cheryl Dalton and in favor of Teva North America in a products liability case. Finds the district court properly applied Indiana law when it found that Dalton did not provide expert evidence on the issue of causation.
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Opinions June 1, 2018

Indiana Court of Appeals
BioConvergence, LLC, and Alisa K. Wright v. Julie Menefee
53A04-1708-PL-1810
Civil plenary. Affirms the denial of attorney fees sought by BioConvergence in an investor lawsuit brought by Julie Menefee. An indemnity provision in the parties’ contract for ownership shares did not explicitly permit an award of attorney fees nor refer to the recovery of attorney fees in an indemnity action. Accordingly, reversal is not warranted.
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Opinions June 1, 2018

Indiana Court of Appeals
BioConvergence, LLC, and Alisa K. Wright v. Julie Menefee

53A04-1708-PL-1810
Civil plenary. Affirms the denial of attorney fees sought by BioConvergence in an investor lawsuit brought by Julie Menefee. An indemnity provision in the parties' contract for ownership shares did not explicitly permit an award of attorney fees nor refer to the recovery of attorney fees in an indemnity action. Accordingly, reversal is not warranted.
 

 

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Opinions May 31, 2018

Indiana Court of Appeals
Tyler Dale Knutson v. State of Indiana

12A04-1709-CR-2246
Criminal. Reverses the denial of Tyler Dale Knutson’s motion to dismiss his charge of Level 5 felony unlawful possession of a syringe. Finds the offense of unlawful possession of a syringe cannot be enhanced to a Level 5 felony based on a prior conviction pursuant to Indiana Code section 16-42-19-27, but can only be charged as a Level 6 felony. Remands with instructions to dismiss the Level 5 felony enhancement.
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Opinions May 30, 2018

7th Circuit Court of Appeals
Bobbi Kilburn-Winnie and Michelle Allen-Gregory v. Town of Fortville, et al.

17-2498
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Civil. Affirms the grant of summary judgment in favor for the Town of Fortville, Fortville Waterworks and Fortville Utilities on Bobbi Kilburn-Winnie and Michelle Allen Gregory’s 14th Amendment complaint. Finds res judicata bars Kilburn-Winnie and Allen-Gregory’s claim.
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Opinions May 25, 2018

The following opinions were posted after IL deadline Thursday:
Indiana Supreme Court
In the Matter of Fronse W. Smith, Jr.

71S00-1711-DI-707
Disciplinary. Disbars Fronse W. Smith, Jr. Finds Smith engaged in attorney misconduct by committing the crime of intimidation after he threatened to kill his estranged wife with an ax.
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