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Opinions July 8, 2015

7th Circuit Court of Appeals
Choice Hotels International, Inc. v. Anuj Grover, Arjun Grover and Dharam Punwani
14-3294
Appeal from the U.S. District Court, Northern District of Indiana, Hammond Division;
Judge Joseph S. Van Bokkelen
Civil. Affirms denial of motion for relief from judgment. Finds the investors cannot have the judgment set aside because their attorney failed to protect their interests. Instead they should seek remedy through a malpractice action.

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Indiana law applies to truck fatality, COA rules

A family’s attempt to apply Illinois law in an Indiana traffic fatality failed to overcome state court precedent, which has established that laws of the state where an accident happened govern the conduct of the parties.

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Opinions July 7, 2015 ILD

Indiana Court of Appeals
Peter D. Nugent v. Phyllis N. Nugent (mem. dec.)
49A04-1410-DR-466
Domestic relation. Affirms denial of Peter Nugent’s petition to modify child support. Also affirms awarding Phyllis Nugent attorney fees in the amount of $3,000.

Clemmeth and Janis Leach v. State of Indiana (mem. dec.)
55A01-1410-CR-443
Criminal. Affirms judgment of trial court ordering the Leaches to pay $45,238.01 in restitution to Patton Park, a lake community in Morgan County.

Scott Huy v. State of Indiana (mem. dec.)
15A01-1410-CR-465
Criminal. Affirms conviction for dealing in cocaine or narcotic drug, a Class A felony, and 40-year sentence, enhanced by 30 years for being a habitual offender. Remands so trial court may correct judgment to reflect that Huy is serving an enhanced, rather than a consecutive, sentence.

Herbert Cox III v. The State of Indiana (mem. dec.)
45A03-1501-CR-38
Criminal. Affirms denial of Cox’s petition to modify his seven-year sentence, all to be served in the Indiana Department of Correction. The sentence was imposed after Cox pleaded guilty to Class C felony habitual traffic violator.

John Wesley Kimbrough, Jr. v. State of Indiana (mem. dec.)
45A03-1501-CR-18
Criminal. Affirms Kimbrough’s 17-year sentence after he pleaded guilty to Class B felony aggravated battery.

Vincent D. Quarles Jr. v. State of Indiana (mem. dec.)
34A02-1412-CR-871
Criminal. Affirms Quarles’ conviction of Class B felony aggravated battery for shooting a victim in the face during a fight outside a Kokomo bar. Finds the evidence is sufficient to rebut Quarles’ self-defense claim.

Scott Meisberger, d/b/a Meisberger Construction v. D. Brent Hanger and Gregory Bishop d/b/a H & B Enterprises, Inc. (mem. dec.)
40A01-1410-CC-453
Civil collection. Reverses judgment in favor of H & B and remands with instructions to enter judgment in Meisberger’s favor in the amount of $29,163.48. Finds Hanger and Bishop offered no evidence supporting their contentions that they had paid Meisberger in full.

 

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Opinions July 7, 2015

Indiana Court of Appeals
Bryan A. Cox v. State of Indiana
27A02-1412-CR-599
Criminal. Affirms 15-year aggregate executed sentence for Class B felony dealing cocaine and adjudication as a habitual offender. The doctrine of amelioration does not apply to Cox’s habitual offender sentence enhancement. Cox argued that he should have been sentenced under a more lenient amended habitual offender statute effective July 1, 2014, but his crime occurred before this, and the Legislature clearly did not intend for the doctrine of amelioration to apply to the amended statute.

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COA affirms habitual offender enhancement

A habitual offender failed to convince the Indiana Court of Appeals that an amended statute, which took effect July 1, 2014, should have been applied to enhance his dealing cocaine conviction.

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