Opinions

Indiana Tax Court
Orbitz, LLC v. Indiana Department of Revenue
49T10-0903-TA-10
Tax. Grants summary judgment in favor of Orbitz LLC and against the Indiana Department of Revenue. Finds that during the period at issue, the department erred in issuing sales and innkeeper’s tax assessments against Orbitz based on the retail rate of Indiana hotel rooms as a matter of law because the hoteliers, as the retail merchants, were liable for the taxes, not Orbitz.

Indiana Court of Appeals
Tyrone D. Payton v. State of Indiana (mem. dec.)
22A01-1605-CR-980
Criminal. Affirms the revocation of Tyrone Payton’s probation. The trial court properly revoked his probation and ordered him to serve four years of his previously suspended sentence.

Indiana Court of Appeals
The Board of Commissioners of Union County, Indiana v. Brandye Hendrickson, in her official capacity as Commissioner of the Ind. Dept. of Transportation, and the State of Indiana
81A01-1603-PL-696
Civil plenary. Reverses the dismissal of the Board of Commissioners of Union County’s complaint against Brandye Hendrickson in her official capacity as commissioner of the Indiana Department of Transportation. The Indiana Court of Appeals reviewed the case as a Trial Rule 12(B)(6) dismissal of a complaint, not a granting of summary judgment, and accordingly disregarded Ron Parker’s affidavit in considering the merits of the Union Circuit Court’s ruling. Finds that the trial court erred in dismissing the Union County’s action for declaratory judgment and injunctive relief against INDOT and that the county has standing to pursue those claims. Remands for further proceedings.

Indiana Court of Appeals
Robert W. Adams v. State of Indiana (mem. dec.)
02A03-1512-CR-2149
Criminal. Affirms the denial of Robert W. Adams’ motion for jail-time credit against his sentence in the New Castle prison. Finds that whatever merit Adams’ claim has lies beyond the record he submitted and beyond what a court may consult when reviewing a motion to correct an erroneous sentence. Thus, the Allen Superior Court judge did not abuse her discretion by denying Adams’ motion to additional credit time.

Indiana Court of Appeals
In the Matter of the Marriage of: Mark A. Del Priore v. Jill E. Del Priore
02A03-1603-DR-605
Domestic relation. Affirms in part and reverses in part the trial court’s decree of dissolution and distribution of the marital estate. Reverses trial court order that the parties be responsible for a child’s educational expenses beyond undergraduate school. Remands to amend the decree to reflect parties are ordered to pay only for educational expenses that pertain to the child obtaining a bachelor’s degree.

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday:
United States of America v. Shaft Jones
15-3547
Appeal from the United State District Court for the Northern District of Indiana, Fort Wayne Division. Judge Theresa L. Springmann.
Criminal. Affirms Shaft Jones’ convictions of conspiring to possess, with intent to distribute, five or more kilograms of cocaine and of related crimes, including carrying a gun in connection with drug trafficking, and his sentence to 270 months in prison.

Indiana Court of Appeals
Richard Dobeski v. State of Indiana
49A02-1603-CR-440
Criminal. Reverses Richard Dobeski’s conviction for failure to register as a sex offender. Finds that Dobeski’s conviction is not supported by the evidence.  Remands with instructions to vacate his conviction.

7th Circuit Court of Appeals
Sherry Katz-Crank v. Kimberly Haskett
15-1809
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Affirms the dismissal of charges against Marion County and Indiana state and county officials in their individual and official capacities. Finds that broad immunity provides protections against most charges brought by Sherry Katz-Crank and that Katz-Crank failed to establish constitutional claims. Judge Richard Posner concurs and dissents with separate opinion.

Indiana Court of Appeals
In re the Expungement/Sealing of Records of H.M. v. State of Indiana and Marion County Sheriff
49A02-1604-MI-700
Miscellaneous. Reverses dismissal of H.M.’s contempt petition. Finds that the Marion Superior Court did not err when it denied H.M.’s motion to strike but did err when it dismissed H.M.’s contempt petition. Remands for further proceedings. Judge Michael Barnes concurs with separate opinion.

Indiana Court of Appeals
Reginald Webster v. State of Indiana
49A05-1603-CR-417
Criminal. Reverses Reginald Webster’s conviction for Class A misdemeanor carrying a handgun without a license. Finds that the Marion Superior Court clearly erred in denying Webster’s motion for involuntary dismissal.

7th Circuit Court of Appeals
Gillian Berger, et al. v. National Collegiate Athletic Association, et al.
16-1558
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Affirms district court decision to grant the appellees’ motion to dismiss, holding that student-athletes are not employees and are not entitled to a minimum wage under the Fair Labor Standards Act. Judge David Hamilton concurs with separate opinion.

Indiana Court of Appeals
Andre Anderson v. State of Indiana
49A02-1511-CR-1947
Criminal. Reverses Andre Anderson’s conviction of Level 5 felony carrying a handgun without a license after he appealed the admission at trial of a handgun found pursuant to a search of his car following his arrest. Finds that the search of Anderson’s jacket was not lawful as a search incident to arrest or an inventory search and, thus, the Marion Superior Court abused its discretion when it admitted the handgun into evidence.

Indiana Court of Appeals
First American Title Insurance v. Stephen W. Robertson, Insurance Commissioner of the state of Indiana, in his official capacity, on behalf of the Indiana Department of Insurance
49A05-1512-PL-2309
Civil plenary. Affirms the Marion Superior Court’s dismissal of First American Title Insurance Co.’s complaint against Stephen Robertson, in his official capacity as Indiana insurance commissioner. Finds that the trial court properly granted IDOI’s motion to dismiss because FATIC’s claims are barred by res judicata.

Corey Middleton v. State of Indiana
32A01-1603-PC-592
Post conviction. Affirms denial of petition for post-conviction relief. While Corey Middleton’s defense attorney used the word ‘Negro’ to describe him during voir dire, the offending language does not entitle him to post-conviction relief because of the considerable evidence against him that led to his conviction and 40-year sentence on drug and gun charges. Middleton was also not entitled to PCR when his attorney, who has since been disbarred, failed to inform him of a plea agreement that Middleton said he would have accepted or on other grounds.

Indiana Court of Appeals
Mark Vinup v. Joe's Construction, LLC and Joe Getz and Property-Owners Insurance Company v. Joe's Construction, LLC and Joe Getz
58A04-1602-CT-502
Civil tort. Affirms the Ohio Circuit Court’s grant of summary judgment in favor of Property-Owners Insurance Co. and Joe’s Construction. Finds that Mark Vinup failed to establish that a genuine issue of material fact exists on the issue of whether his status was that of an employee at the time he was injured. Also finds that under the plain language of the policy, Vinup was not a temporary worker, and the trial court did not err when it granted Property-Owners’ motion for summary judgment.

Indiana Supreme Court
Mary Osborne v. State of Indiana
29S02-1608-CR-433
Criminal. Reverses trial court’s denial of Mary Osborne’s motion to suppress. Finds that although the police officer who stopped Osborne was prompted by a genuine desire to serve and protect, under the circumstances, those actions constituted an improper intrusion upon Osborne’s constitutional privileges against unreasonable search and seizure.

Indiana Tax Court
The University of Phoenix, Inc. v. Indiana Department of Revenue
49T10-1411-TA-65    
Tax. Denies the Indiana Department of State Revenue’s motion for protective order. Finds that the University of Phoenix’s request to depose Michael Alley, former department commissioner, is not vexatious.

Indiana Court of Appeals
In the Matter of the Commitment of M.E. v. Department of Veterans Affairs
27A02-1605-MH-987
Mental health. Reverses the involuntary commitment of M.E. Finds that M.E. did not receive appropriate notice, that his waiver was invalid and that Veterans Affairs did not carry its burden of proof with respect to the elements of dangerousness and grave disability. Remands with instructions to vacate the order of involuntary commitment.

Indiana Court of Appeals
C.V. v. C.R.
45A03-1606-PO-1282
Protective order. Reverses protective order issued against C.V. and remands with instructions to vacate the protective order because C.R. did not produce sufficient evidence he stalked her and that a protective order was warranted.

Indiana Court of Appeals
Jane E. Wilson, M.D., and IU Medical Group v. Tyler Lawless b/n/f Mindy R. Lawless
49A05-1511-CT-1814
Civil tort. Affirms the Marion Superior Court’s judgment in favor of Tyler Lawless on a complaint for damages filed by Tyler’s mother, Mindy Lawless, as Tyler’s next friend. Finds that Mindy Lawless’ failure to immediately bring Tyler to see a doctor after he developed flank pain did not constitute an intervening cause of Tyler’s injury.