Opinions Aug. 6, 2010

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
State
of Indiana v. Jeffrey Brunner
57A04-1003-CR-121
Criminal. Reverses and remands with instructions trial court’s October 2009 order modifying Brunner’s August
2000 conviction from a Class D felony to a Class A misdemeanor. The parties raised two issues for review: whether the state’s
appeal was authorized by law, and whether the trial court erred in granting Brunner’s petition for relief. The Court
of Appeals held that Brunner’s request, nine years after the trial court’s entry of judgment, to reduce the Class
D felony to a Class A misdemeanor was a petition for post-conviction relief, from which the state may appeal. The COA also
held Indiana Code Section 35-50-2-7(b) does not authorize the relief granted.
 
James
D. Callaway, et al. v. Hannah Callaway, et al.
28A04-0908-CV-467
Civil. Affirms jury verdict upholding validity of the Last Will and Testament of John L. Callaway. His sons appealed on the
issues of whether the will was published in accordance with Indiana Code Section 29-1-5-3; whether the will was executed and
witnessed in accordance with Indiana Code Section 29-1-5-3; and whether the trial court abused its discretion when it rejected
one of the sons’ proposed jury instructions.
 
Raytheon
Engineers & Constructors, Inc. v. Sargent Electric Company Ryerson Tull, Inc., et al.
45A04-0909-CV-524
Civil. Affirms grant of summary judgment to the third-party defendant, Sargent Electric Company. Raytheon Engineers and Constructors
Inc., the third-party plaintiff in the trial court, appealed the grant of summary judgment and raised the following issue
for review: whether the trial court erred when it granted Sargent’s motion for summary judgment. COA held Sargent did
not breach its duty of care to Raytheon and that Raytheon is not entitled to indemnification from Sargent.
 
Rebecca
Abbott v. Mainsource Financial Group
93A02-0912-EX-1261
Civil. Affirms single denial of Abbott’s application for adjustment of claim with the Worker’s Compensation Board
of Indiana against her employer, MainSource Financial Group. Abbott sought compensation for two prescription medications she
alleged she must take indefinitely as a result of her work-related injury. A single hearing judge concluded the evidence did
not support her contention that the prescriptions were necessitated by her work-related injury. When she petitioned the full
board to review the single hearing judge’s decision, the board affirmed the judge’s decision following a hearing.

 
Patrick
Roberts, et al. v. Robert A. Feitz, et al.
71A04-0910-CV-581
Civil. Affirms the trial court’s judgment in favor of appellees-defendants Robert and Bob Feitz’ counterclaim,
determining that the Feitzes are legal owners of the disputed access lane.
 
Crystal
Summerlot v. State of Indiana (NFP)
85A02-1002-CR-303
Criminal. Affirms convictions of and sentences for two counts of Class C felony dealing in a schedule IV controlled substance.

David
L. Green v. State of Indiana (NFP)
29A02-1002-PC-141
Post-conviction. Affirms denial of petition for post-conviction relief.
 
Lester
Rowe v. State of Indiana (NFP)
49A02-0911-PC-1061
Post-conviction. Affirms denial of petition for post-conviction relief.
 
Justin
A. Heintzelman v. State of Indiana (NFP)
02A04-0911-CR-648
Criminal. Affirms convictions of Class D felony resisting law enforcement and Class A misdemeanor operating a vehicle while
suspended.
 
William
Scott Phillips v. State of Indiana (NFP)
34A05-1003-CR-162
Criminal. Affirms sentence for Class D felony theft and Class D felony possession of a controlled substance.
 
Cynthia
A. Soames v. Indiana Dept. of Natural Resources and Thomas A. Young/Young Oil Company (NFP)
49A05-0912-CV-726
Civil. Affirms trial court’s denial of Soames’ verified petition for judicial review of the Natural Resource
Commission’s final order requiring her to refrain from interfering with Thomas Young/Young Oil Company’s efforts
to plug three oil wells on her property.
 
Angel
Braster v. Indiana Department of Child Services (NFP)
02A05-1002-PL-121
Civil plenary. Affirms trial court order upholding a finding of the Department of Child Services, which substantiated that
Braster had abused a child in her care.
 
Julian
D. Grady v. State of Indiana (NFP)
02A04-1004-CR-210
Criminal. Affirms conviction of robbery, a Class B felony; and pointing a firearm, a Class D felony.
 
Larry
O. Holder Jr. v. State of Indiana (NFP)
63A01-1002-CR-65
Criminal. Affirms trial court’s order revoking probation and imposing the previously suspended portion of Holder’s
sentence for burglary, a Class B felony.

Indiana Tax Court had posted no opinions at IL deadline.