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Opinions Jan. 26, 2015 ILD

Not For Publication
Ronnie Lewis v. State of Indiana
49A02-1404-CR-264
Criminal. Affirms conviction of attempted murder, a Class A felony.

Ralph Hughett v. State of Indiana
10A05-1406-CR-280
Criminal. Affirms 50-year sentence for Hughett’s guilty plea to one count of Class A felony child molesting and one count of Class C felony child molesting.

O'Neal Flat Rolled Metals, LLC v. Major Tool and Machine, Inc., Tishman Construction Corp., Permasteelisa N.A. Corp., et. al.
49A04-1312-PL-624
Civil Plenary. Affirms dismissal of O’Neal’s amended complaint against the defendants. Finds the Bankruptcy Court has exclusive jurisdiction over the steel O’Neal supplied to American Architectural, Inc.; therefore O’Neal’s claim in the Marion Superior Court that the defendants converted that same steel was properly dismissed.
 

Opinions Jan. 26, 2015

Indiana Court of Appeals
Curt Pearman d/b/a Greenwood Professional Park v. T. Ryan Jackson and Kristin M. Jackson
41A04-1408-CC-381
Civil collection. Affirms granting of partial summary judgment in favor of the Jacksons. Finds the Jacksons did not breach the terms of their lease agreement when they moved from their office five months after their initial three-year lease expired. Ruled the “clear and unambiguous terms of the lease agreement” allowed the Jacksons to continue to occupy the space on a monthly basis without having to sign another three-year lease.

Mock trial volunteers needed

Indiana attorneys are being offered the opportunity to show off their judicial skills. The Indiana Bar Foundation is seeking lawyers to volunteer as judges during the 2015 Indiana High School Mock Trial Competition.

Explosion case cemented Richmond attorney’s reputation

Kent Klinge learned the basics of law in school. But it was in a Connersville courtroom where he became a lawyer. Klinge, who was one of the top trial lawyers in Richmond for more than 25 years in the 1970s, '80s and '90s, retired from practice as a partner at Boston Bever Klinge Cross & Chidester in Richmond on Jan. 1 after a 47-year career.

Supreme Court permanently bans Muncie judge

A Muncie judge who was previously suspended for 13 counts of judicial misconduct and for using racial slurs recorded on video has been given a lifetime ban from serving on the bench.

Opinions Jan. 23, 2015 ILD

Indiana Court of Appeals
Thomas J. Thacker v. State of Indiana (NFP)
35A02-1408-CR-539
Criminal. Affirms two three-year concurrent sentences for two convictions of Class D felony theft.

Ataul Shafeek, Jr. v. State of Indiana (NFP)
89A01-1403-CR-147
Criminal. Affirms 56-year sentence for conviction of murder.

Aaron Johnson v. State of Indiana (NFP)
71A03-1404-PC-111
Post conviction. Affirms denial of post-conviction relief.

In the Matter of the Adoption of K.L., K.D. v. S.W. & M.W. (NFP)
14A05-1406-AD-288
Adoption. Affirms the trial court’s decree granting adoption of K.L.

Douglas Hobbs v. State of Indiana (NFP)
41A01-1406-CR-247
Criminal. Affirms conviction of Class D felony theft.

James Mayhugh v. State of Indiana (NFP)
82A01-1403-CR-133
Criminal. Affirms 50-year sentence for convictions of murder and Class D felony theft.

In the Matter of: V.B., P.B. & B.B., Children Alleged to be Chins and A.B. v. The Ind. Dept. of Child Services (NFP)
09A02-1407-JC-518
Juvenile. Affirms adjudication of children in need of services.

Larry Gentry v. State of Indiana (NFP)
24A04-1403-CR-144
Criminal. Affirms 15-year executed sentence for conviction of Class B felony operating a vehicle while intoxicated resulting in death.

Howard Jackson v. State of Indiana (NFP)
49A02-1406-CR-402
Criminal. Affirms 25-year executed sentence and convictions of Class A felony dealing in a narcotic

Opinions Jan. 23, 2015

7th Circuit Court of Appeals
Visteon Corp. v. National Union Fire Insurance Company of Pittsburgh, Pa.
14-2725
Chief Judge Richard Young, U.S. District Court for the Southern District of Indiana, Indianapolis Division.
Affirms judgment in favor of National Union on its denial of coverage for toxic chemical pollution at a Connersville Visteon auto parts factory that also contaminated neighboring properties. The District Court properly applied Michigan law, holding that Visteon was not entitled to coverage and dismissed the case. 

Opinions Jan. 22, 2015 ILD

Indiana Court of Appeals
Santiago Valdez v. State of Indiana (NFP)
18A05-1407-CR-304
Criminal. Affirms denial of Valdez’s motion to proceed pro se.

Thomas Allen Beavers v. State of Indiana (NFP)
45A03-1405-CR-165
Criminal. Affirms sentence for Class B felony aggravated battery.

Joshua Adam Spears v. State of Indiana (NFP)
40A05-1405-CR-242
Criminal. Affirms conviction of Class D felony battery.

Malcolm L. Russell v. State of Indiana (NFP)
89A01-1312-CR-563
Criminal. Affirms convictions of Class A felony dealing in cocaine and Class D felony possession of marijuana.

Shawn J. Riggle v. State of Indiana (NFP)
84A04-1407-CR-341
Criminal. Affirms revocation of placement in community corrections.

Jason Lee Schwartz v. State of Indiana (NFP)
17A04-1404-CR-202
Criminal. Affirms sentence for convictions of five counts of Class B felony sexual misconduct with a minor, three counts of Class A felony child molesting, and one count each of Class A felony attempted child molesting and Class B felony attempted sexual misconduct with a minor. Remands for the abstract of judgment to be corrected.

Bogunia Electric, Inc., d/b/a Mr. Electric and Steven Bogunia v. James Yakym (NFP)
71A04-1405-CC-238
Civil collection. Affirms judgment in favor of Yakym on his complaint against Bogunia Electric for breach of contract.

 

Opinions Jan. 22, 2015

Indiana Supreme Court
Jason Young v. Hood's Gardens, Inc.
29S02-1405-PL-314
Civil plenary.  Reverses summary judgment in favor of Hood’s Gardens that it had no secondary liability to pay workers’ compensation benefits to Jason Young, who was severely injured while removing a tree from Hood’s Gardens’ property. The "value" that triggers secondary liability under Indiana Code 22-3-2-14(b) may include the value of other property transferred in connection with the performance of services and the designated evidence shows that the contract Hood’s Gardens entered into with the tree removal company may have been more than $1,000 once the value of firewood is considered.