Articles

Opinions Nov. 19, 2014 ILD

Indiana Court of Appeals
Ronald Mitchell v. State of Indiana (NFP)
79A02-1308-PC-708
Post conviction. Affirms denial of successive petition for post-conviction relief.

Gared Holdings, LLC. v. Best Bolt Products, Inc. (NFP)
49A04-1404-PL-181
Civil plenary. Affirms order finding Best Bolt breached an implied warranty of merchantability with respect to certain pulleys and awarding damages based upon the pulleys’ fair market value.

Torrence Brown v. State of Indiana (NFP)
49A04-1404-CR-172
Criminal. Affirms convictions of Class A felony rape, Class B felony criminal deviate conduct and Class D felony criminal confinement.

Michael Stephen Angle v. State of Indiana (NFP)
53A05-1311-CR-545
Criminal. Affirms 65-year sentence for murder.

Allan J. Reid v. State of Indiana (NFP)
20A04-1406-CR-259
Criminal.  Dismisses appeal challenging guilty plea to Class B felony possession of cocaine.

Randal E. Crosley v. State of Indiana (NFP)
28A04-1404-CR-157
Criminal.  Affirms 81-year aggregate sentence in the Department of Correction for felony murder, Class A felony conspiracy to commit murder, Class B felony conspiracy to commit rape, Class C felony criminal confinement and Class C felony dealing in a schedule IV controlled substance.

Thomas R. Cox v. State of Indiana (NFP)
39A04-1402-MI-88
Miscellaneous. Affirms order dismissing Cox’s constitutional and tort claims against the Bureau of Motor Vehicles.

In the Matter of the Termination of Parent-Child Relationship of A.R. and M.R. (mother) v. Ind. Dept. of Child Services (NFP)
49A02-1404-JT-227
Juvenile. Affirms termination of parental rights.
 

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Judges reverse drug charges based on constitutional violation

The Indiana Court of Appeals reversed drug charges against two Bloomington men after finding the police detective’s actions unreasonable. The detectives entered the men’s property while looking for another person despite clear signs of “no trespassing.”

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Split COA orders trial for woman injured measuring countertop

A divided Indiana Court of Appeals on Wednesday concluded summary judgment was not proper for a home improvement business on a woman’s negligence claim. The customer was injured when a granite countertop propped up outside of the business fell on her foot while she was measuring it.

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Opinions Nov. 18, 2014 ILD

Indiana Court of Appeals
Jason E. Jackson v. State of Indiana (NFP)
91A04-1402-CR-55
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while suspended.
 
Jack E. Primmer v. State of Indiana (NFP)
79A04-1308-PC-394
Post conviction. Affirms denial of post-conviction relief.

Michelle R. Ruggio v. Review Board of the Indiana Department of Workforce Development, et. al. (NFP)
93A02-1405-EX-336
Agency action. Affirms notice of dismissal by the Unemployment Insurance Review Board.

Charles Tinsley v. State of Indiana (NFP)
49A02-1402-CR-121
Criminal. Affirms conviction of murder.

Montez Belmar v. State of Indiana (NFP)

49A02-1404-CR-220
Criminal. Affirms convictions of Class C felony possession of cocaine and Class C misdemeanor operating a vehicle never having received a license.

K.M. v. D.S. (NFP)
71A04-1405-PO-236
Protective order. Affirms issuance of a protection order against K.M.

Kenneth W. Gibbs v. State of Indiana (NFP)
22A04-1407-CR-331
Criminal. Affirms denial of petition to file a belated notice of appeal of denial of a motion to correct erroneous sentence.

Benjamin S. McMillen v. State of Indiana (NFP)
02A03-1402-CR-57
Criminal. Affirms 18-year sentence following reinstatement of a suspended sentence and conviction in a separate case of Class B felony dealing in a Schedule II controlled substance.

 

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Opinions Nov. 18, 2014

Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of E.P. III and E.P. Jr. (Father) v. Indiana Dept. of Child Services
15A04-1403-JT-134
Juvenile. Affirms father’s termination of parental rights. Father did not object to the same judge who presided in his Class B felony child molesting and neglect convictions presiding in his termination of parental rights proceedings, therefore the argument first raised on appeal is waived. There also was sufficient evidence to support the termination of parental rights.
 

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IU McKinney postpones lecture

Indiana University Robert H. McKinney School of Law has postponed the third annual Birch Bayh Lecture that had been scheduled for Thursday at the law school.

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IndyBar: It’s Dues Renewal Time!

Renew your membership in the only local organization singularly committed to the Indianapolis legal community and its practitioners. Bolstered by more than 5,000 members, the Indianapolis Bar Association and its leaders work tirelessly to provide resources, programming and initiatives to make your career more successful, more efficient, and more satisfying.

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