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Appellate courts may consider credit time status

Indiana appellate courts can take into account the potential consequences of an offender’s status as a credit restricted felon when reviewing a sentence, the state Supreme Court ruled Tuesday.

NRC may dictate placement of pier

A family that owns property on Bass Lake failed to show that the Natural Resources Commission’s decision that the family must move its pier to accommodate the placement of a group pier was arbitrary and capricious, or unsupported by evidence, the Indiana Court of Appeals ruled.

LaPorte County prosecutor suspended by Supreme Court

LaPorte County Prosecutor Bob “Z” Szilagyi has been suspended by the Indiana Supreme Court for forging the names of his ex-wife and secretary on a quitclaim deed on the former couple’s marital home.

Opinions June 26, 2012 ILD

7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals
Koko Win v. State of Indiana (NFP)
02A03-1111-CR-523
Criminal. Affirms four-year sentence with two years suspended to probation for Class C felony child molesting.

Robert Williams v. State of Indiana (NFP)
49A05-1110-CR-553
Criminal. Affirms conviction and sentence for murder.

Larry R. Cox v. State of Indiana (NFP)
79A04-1111-CR-584
Criminal. Affirms 50-year sentence for 10 counts of Class A felony child molesting and five counts of Class C felony child molesting.
 

Opinions June 26, 2012

Indiana Court of Appeals
Gwen E. Morgal-Henrich v. David Brian Henrich
46A05-1111-DR-645
Domestic relation. Affirms the trial court did not abuse its discretion by applying the equal division presumption in dividing the marital assets. Reverses trial court’s use of $390 per week as David Henrich’s weekly gross income for purposes of calculating child support. Remands for a recalculation and recommends the trial court uses an income averaging calculation due to his fluctuating income.

Judges disagree on applicable child support guideline

Against the advice of their attorneys, a divorcing couple entered into a settlement agreement that included a “true up” provision for calculating child support each year. That provision is now at issue before the Indiana Court of Appeals.

COA: exhaust administrative remedies before filing appeal

Because a manufacturer didn’t exhaust its administrative remedies regarding a challenge to a search of its Indianapolis facility by the Indiana Occupational Safety and Health Administration, the Indiana Court of Appeals dismissed the manufacturer’s appeal.

Judges find no error in division of marital assets

The Indiana Court of Appeals upheld the equal division of marital assets of a divorcing LaPorte County couple but found the trial court erred in its calculation of how much the ex-husband owes in child support.

Language of easement allows parking

The Indiana Court of Appeals concluded that the language of an easement dating back to the 1800s allows for a family to park its cars on that easement.

Woman’s tort claim notice insufficient

A trial court improperly granted summary judgment to a woman on whether her notice to the city of Indianapolis was sufficient to inform it of a potential personal injury claim, the Indiana Court of Appeals ruled.

Indiana justices accept 4 cases

The Indiana Supreme Court took four cases last week, including two in which they released opinions the same day they granted transfer.

Opinions June 25, 2012 ILD

7th Circuit Court of Appeals posted no opinions prior to IL deadline.

Indiana Court of Appeals
Jesse Clements v. Ralph Albers (NFP)
49A05-1105-PL-257 & 49A04-1201-PL-9
Civil plenary. Affirms in part and remands in part for further argument on damages awarded on counterclaim.

Casey R. Greene v. State of Indiana (NFP)
07A01-1109-CR-391
Criminal. Affirms trial court convictions for Class C felony dealing in marijuana and Class A misdemeanor resisting law enforcement.

Scott W. Schwichtenberg v. State of Indiana (NFP)
35A04-1109-CR-536
Criminal. Affirms trial court conviction on a Class C felony count of incest.

Jeremy W. Lawson v. State of Indiana (NFP)
30A01-1112-CR-592
Criminal. Affirms in part, reverses in part and remands with instructions to reduce a Class A misdemeanor battery conviction to a Class B misdemeanor and modify sentence accordingly.

Ryan Keith Winchester v. State of Indiana (NFP)
12A02-1109-CR-882
Criminal. Affirms trial court conviction on a Class B felony count of burglary.

Indiana Tax Court posted no opinions at IL deadline.
 

Opinions June 25, 2012

Indiana Supreme Court
Sharon Gill, on her own behalf and on behalf of the Estate of Gale Gill v. Evansville Sheet Metal Works, Inc.
49S05-1111-CV-672
Civil. Reverses trial court ruling for defendant that Gill did not bring her claim within the time Indiana law requires for a claim arising from the construction of an “improvement to real property.” There is a genuine issue of material fact as to whether Evansville Sheet Metal Works’ work constituted an “improvement to real property” as that phrase is commonly understood.

Indiana justices outline ‘improvement to real property’

For the first time, the Indiana Supreme Court addressed what constitutes an “improvement to real property” as mentioned in the construction statute of repose. In doing so, the justices reversed the trial court’s grant of a contractor’s motion for summary judgment in a wrongful death claim.

Appeals court affirms breach ruling in truck dispute

The Indiana Court of Appeals affirmed a Floyd Superior breach of contract ruling for a defendant who made a contract with a purchaser who defaulted after assuming payments on a Freightliner truck.