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Opinions Sept. 3, 2014 ILD

Indiana Court of Appeals
Brian S. Hartman v. State of Indiana (NFP)
68A05-1311-CR-579
Criminal. Affirms the allowance of an amendment to Hartman’s charging information and the refusal to sever count I from counts II and III.

Town of Cedar Lake v. Review Board of the Indiana Department of Workforce Development and Mary J. Dickson (NFP)
93A02-1402-EX-72
Agency action. Affirms decision that Dickson is entitled to unemployment benefits.

Brian House v. State of Indiana (NFP)
48A04-1402-CR-78
Criminal. Affirms sentence following guilty plea to Class D felony operating a vehicle while intoxicated and Class A misdemeanor operating a vehicle while intoxicated, which were merged by the trial court.

Anthony Johnson v. State of Indiana (NFP)
49A04-1312-CR-612
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Papa Ndiaye v. Review Board of the Indiana Department of Workforce Development and Federal Mogul Corp. (NFP)
93A02-1402-EX-124
Agency action. Affirms decision Ndiaye is ineligible for unemployment benefits.

Tarik Fields v. State of Indiana (NFP)
49A02-1401-CR-27
Criminal. Affirms sentence for Class D felonies criminal recklessness and criminal confinement.

Raveon Harrell v. State of Indiana (NFP)
71A03-1310-PC-412
Post conviction. Affirms denial of petition for post-conviction relief.

B.J. v. State of Indiana (NFP)
28A01-1403-JV-113
Juvenile. Affirms adjudication that B.J. committed what would be Class D felony receiving stolen property, if committed by an adult.

Samantha Lee v. State of Indiana (NFP)
31A01-1401-CR-4
Criminal. Affirms convictions of one count of Class D felony neglect of a dependent and four counts of Class A misdemeanor neglect of a vertebrate animal.

Charles W. Turner v. Montague M. Oliver, Jr. (NFP)
48A02-1402-CT-110
Civil tort. Affirms order denying Turner’s motion to correct error after judgment was entered in favor of Oliver on Turner’s complaint involving his Westlaw account.

Kristen Shane Lester v. State of Indiana (NFP)
47A01-1402-CR-95
Criminal. Affirms order revoking Lester’s direct placement in community corrections and placement in the custody of the DOC.

J.J. v. State of Indiana (NFP)
49A04-1401-JV-18
Juvenile. Affirms awarding wardship of J.J. to the DOC.

Brandon J. Lunkin v. State of Indiana (NFP)
20A03-1401-CR-46
Criminal. Affirms aggregate 44-year sentence in the DOC following a guilty plea to three counts of Class B felony dealing in cocaine and admitting to being a habitual offender.

David Hooker v. State of Indiana (NFP)
82A01-1311-CR-523
Criminal. Affirms denial of motion to vacate guilty plea entered into in 2001.

Mariea L. Best v. Russell C. Best (NFP)
06A04-1403-DR-124
Domestic relation. Affirms contempt order against Mariea Best.

Davetta Davidson v. State of Indiana (NFP)
71A03-1401-CR-4
Criminal. Affirms conviction of Class B misdemeanor criminal mischief.

Cameron Wood v. State of Indiana (NFP)
34A02-1311-CR-953
Criminal. Affirms sentences imposed for Class B felony rape and Class C felony criminal confinement and remands to the trial court to vacate the convictions and sentences for Class B felony child molesting and Class D felony sexual battery.

Jared W. Baehl v. State of Indiana (NFP)
87A01-1311-CR-515
Criminal. Remands for clarification as to the offense of which Baehl was convicted.
 

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Opinions Sept. 3, 2014

Indiana Supreme Court
Natural Resources Defense Council v. Poet Biorefining- North Manchester, LLC, Poet Biorefining- Cloverdale, LLC, Central Indiana Ethanol, Inc., et al.
49S02-1405-MI-313
Miscellaneous. IDEM was not required to formally amend Indiana’s state implementation plan with the EPA to effectuate its change in how it interprets the regulatory phrase “chemical process plant.” IDEM’s interpretation to exclude fuel ethanol plants under the definition of “chemical process plant” is legally permissible.

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COA sets aside auction of mobile homes

The Indiana Court of Appeals reversed the sale of several mobile homes through an auction in Hendricks County after finding the buyer did not comply with statutory requirements regarding timelines for conducting an auction.

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Court upholds 3-year sentence for assault on girlfriend

The Indiana Court of Appeals rejected a man’s claim that his decision to waive his right to a jury trial deserves some mitigating consideration when sentencing him. The judges affirmed Timothy McSchooler’s three-year prison sentence for strangling his girlfriend.

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Purdue still wants ex-chancellor report secret

Purdue University is continuing efforts to keep secret a report about the ouster of the Fort Wayne campus chancellor, even though federal and state judges have ruled it isn't protected by attorney-client privilege.

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Opinions Sept. 2, 2014

7th Circuit Court of Appeals
James M. Sweeney, et al. v. Gov. Michael Pence, et al.
13-1264
U.S. District Court, Northern District of Indiana, Hammond Division, Chief Judge Philip P. Simon.
Civil. Affirms dismissal of union’s lawsuit arguing the Right to Work Act violates union members’ rights under the U.S. Constitution and is preempted by federal labor legislation. The legislation is not preempted by the scheme of federal labor law and does not violate any constitutional rights. Judge Tinder for the majority writes that the controversy of the law needs to be addressed legislatively, not through the courts. Chief Judge Wood dissents.

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Steak n Shake can’t force arbitration with disgruntled franchisees

The 7th Circuit Court of Appeals on Friday affirmed that Steak n Shake Enterprises Inc. cannot compel several of its franchisees to engage in nonbinding arbitration regarding claims brought by the franchisees in federal court. Steak n Shake tried to force arbitration after the restaurants already sued over the requirement all restaurants must adhere to company pricing and promotions.

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7th Circuit dismisses 3 Latin Kings gang members’ appeals

Because three Latin Kings gang members took plea deals with the government after they were charged with several counts – including conspiracy to participate in racketeering – that limited their ability to appeal, the 7th Circuit Court of Appeals threw out their appeals Friday.

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Divided 7th Circuit affirms dismissal of RTW challenge

A split panel on the 7th Circuit Court of Appeals has affirmed the decision by a federal judge in northern Indiana to dismiss a lawsuit brought by a union challenging Indiana’s right-to-work law. The majority concluded the law does not violate the union members’ rights under the U.S. Constitution nor is it preempted by federal labor legislation.

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Irsay pleads guilty to misdemeanor in drug case

Indianapolis Colts owner Jim Irsay must submit to drug testing for a year after pleading guilty Tuesday to a misdemeanor count of driving while intoxicated stemming from his arrest after a traffic stop in March.

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Supreme Court recommends abolishing Marion County township courts

A report from the National Center for State Courts recommends the nine township small claims venues in Indianapolis transition into a unified section of Marion Superior Courts. The Indiana Supreme Court is asking lawmakers to abolish the current system and unify them with the Superior Courts’ Civil Division effective Jan. 1, 2016.

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