Opinions Aug. 4, 2010

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Wells Fargo Insurance v. Bruce A. Land
48A02-0911-CV-1099
Civil. Affirms Land is entitled to commission on all of his 2005 crop-year policies. By Feb. 2, 2006, the date of Land’s
resignation, the sales had been consummated, and his right to the 2005 crop-year commissions had fully accrued, subject only
to receipt of the premium payments. The trial court erred by not deducting the amount Land received as commission from JS
Crop for his 2005 crop-insurance sales and by allowing him to keep $6,000 paid to him in draw in 2006 because it would be
a windfall he’s not entitled to. Land is entitled to attorney fees and appellate attorney fees attributable to his recovery
of unpaid wages. Remands with instructions.

Justin
Davis v. State of Indiana (NFP)
49A05-1001-CR-6
Criminal. Affirms convictions of murder, two counts of Class C felony robbery, Class C felony attempted robbery, and Class
A misdemeanor carrying a handgun without a license.

Aaron
D. Ellis v. State of Indiana (NFP)
15A01-1001-CR-56
Criminal. Affirms conviction of Class A misdemeanor criminal trespass.

Jason
T. Fabini v. Joanne M. Fabini (NFP)
02A03-1003-DR-152
Domestic relation. Affirms order granting Jason Fabini’s motion to modify child support.

Edward
Ray Kind v. State of Indiana (NFP)
79A02-1003-CR-291
Criminal. Affirms sentence following guilty plea to two counts of Class A felony dealing in cocaine, one count of Class A
felony possession of cocaine, and one count of Class D felony maintaining a common nuisance.

Robert
L. Terry v. State of Indiana (NFP)
49A02-0910-CR-993
Criminal. Grants petition for rehearing for the sole purpose of remanding the case to the trial court for clarification on
whether the trial court’s order to suspended Terry’s driving privileges for a fixed period of two years and 90
days was contrary to law.

Indiana Tax Court had posted no opinions at IL deadline.