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Opinions Sept. 17, 2015 ILD

Indiana Court of Appeals

Jon Donovan v. State of Indiana (mem. dec.)
49A05-1503-CR-86
Criminal. Affirms conviction of Level 6 felony domestic battery.

Marvin Hester v. State of Indiana (mem. dec.)
48A02-1501-CR-28
Criminal. Affirms conviction of pointing a firearm at another person, a Class D felony.

Tyler Beathea v. State of Indiana (mem. dec.)
20A03-1411-CR-404
Criminal. Affirms convictions of Class B felony battery resulting in serious bodily injury of a child and Class D felony neglect of a dependent.

Opinions Sept. 17, 2015

Indiana Court of Appeals
Tywaun Carter v. State of Indiana
49A04-1502-CR-52
Criminal. Affirms Carter’s conviction of two counts of Level 1 felony rape and 32-year sentence on each count to be served concurrently in the Indiana Department of Correction. Finds the victim’s work as a prostitute did not render her testimony and statements unbelievable, incredible or improbable. Rules the fact that the victim had been engaging in prostitution does not excuse Carter’s violent behavior or make his sentence inappropriate.  

Marshal’s wage suit against town fails on appeal

A former marshal in a small southern Indiana town is not entitled to unpaid wages, overtime and other damages because the town employed fewer than five law enforcement officers, the Indiana Court of Appeals held Thursday in a matter of first impression.

Zoeller deals blow to plan to postpone test impact

Indiana’s attorney general dealt a major blow to a proposal by state schools Superintendent Glenda Ritz that would spare schools from being penalized for low scores on this year’s ISTEP exams.

General Motors settles criminal case over ignition switches

General Motors admitted it failed to disclose to the public a deadly problem with small-car ignition switches as part of a $900 million deal reached with federal authorities to avoid criminal charges, authorities announced Thursday.

Altice robing ceremony set for Monday

Former Marion Superior Judge Robert Altice’s public robing ceremony will be at 2 p.m. Monday in the Indiana Supreme Court courtroom, with Chief Justice Loretta Rush administering the oath to the state’s newest Court of Appeals judge.

Opinions Sept. 16, 2015

Indiana Court of Appeals

 

R.L. Turner Corporation v. William Wressell
06A05-1411-PL-540
Civil plenary. Affirms the trial court’s inclusion of fringe benefits in the calculation of total compensation and the calculation of attorney fees. Finds the trial court did not include any of Wressell’s overtime in its calculation of total compensation. Remands with instructions for the trial court to award Wressell an additional $1501.68.   

Attorney fees award was reasonable, COA rules

After a former employee was awarded nearly $100,000 in attorney fees, R.L. Turner Corp. asserted the amount was unreasonable given the employee’s total award for damages was less than $12,000.

Federal court hosts naturalization ceremony

About 100 new Americans will become citizens Thursday during a naturalization ceremony sponsored by the U.S. District Court for the Southern District of Indiana.

Double jeopardy voids two cocaine convictions

A trial court violated the prohibition against double jeopardy by convicting a man in a bench trial of three felony cocaine possession counts, the Indiana Court of Appeals ruled in tossing out two of the convictions.

Opinions Sept. 15, 2015 ILD

Indiana Court of Appeals
Larry Hayden, Jr. v. State of Indiana (mem. dec.)
02A03-1501-CR-9
Criminal. Affirms convictions of Class B felony possession of a firearm by a serious violent felon, Class C felony robbery and escape, Class D felony intimidation and two counts of Class A misdemeanor resisting law enforcement.

Albert Pauley, Jr. v. State of Indiana (mem. dec.)
12A02-1501-PC-46
Post conviction. Affirms denial of post-conviction relief.

Aundra L. Haralson v. State of Indiana (mem. dec.)
06A01-1501-CR-25
Criminal. Affirms convictions of Level 5 battery resulting in bodily injury to a pregnant woman and Level 6 criminal confinement.  

Bill Snider v. State of Indiana (mem. dec.)
71A03-1409-PC-334
Post conviction. Affirms denial of post-conviction relief.

Bobby Lee Dean v. State of Indiana (mem. dec.)
48A02-1409-CR-669
Criminal. Affirms convictions of Class A felony dealing in cocaine, Class D felony maintaining a common nuisance and Class A misdemeanor resisting law enforcement.

Jimmie Hair, Jr. v. State of Indiana (mem. dec.)
03A01-1502-CR-65
Criminal. Affirms convictions of Class A felony attempted murder and Class B felony unlawful possession of a firearm by a serious violent felon.

John F. Philpott v. State of Indiana (mem. dec.)
48A02-1412-CR-884
Criminal. Affirms denial of motion to correct erroneous sentence.

Wyatt Clayton Squyres v. State of Indiana (mem. dec.)
45A05-1502-CR-56
Criminal. Affirms denial of motion to correct erroneous sentence.

Kathleen Burnell v. Review Board of the Indiana Department of Workforce Development (mem. dec.)
93A02-1505-EX-260
Agency action. Affirms denial of claim for unemployment benefits.

Kimball Rustin Roy Scarr v. JPMorgan Chase Bank National Association (mem. dec.)
21A01-1411-MF-466
Mortgage foreclosure. Affirms grant of summary judgment in favor of Chase.