Opinions July 16, 2012

7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals
M & M Investment Group, LLC v. Ahlemeyer Farms, Inc. and Monroe Bank
03A04-1112-CC-639
Civil collection. Affirms trial court order denying M&M’s petition for a tax deed for property of which Monroe Bank was the mortgagee, holding that the court properly denied the petition. Finds that the Indiana pre-tax-sale notice statute violates the Due Process Clause of the 14th Amendment.

Kyle L. Doolin v. State of Indiana
32A01-1111-CR-545
Criminal. Affirms trial court conviction of possession of marijuana as a Class A misdemeanor, holding that the trial court did abuse its discretion when it admitted into evidence the results of an in-court field test of a substance alleged to be marijuana, but the error was harmless.

In Re: The Paternity of J.D. and D.D.; B.D. (Father) v. C.H. (Mother) (NFP)
76A04-1111-JP-580
Juvenile/paternity. Reverses and remands, holding that the trial court abused its discretion in excluding from evidence a custody evaluation report to determine parenting time.

James W. Hamilton v. State of Indiana (NFP)
32A05-1110-CR-599
Criminal. Affirms revocation of probation.

Stephen Duane Rush v. State of Indiana (NFP)
48A02-1112-CR-1091
Criminal. Affirms trial court conviction and 149-year aggregate sentence for murder, three counts of Class A felony attempted murder, and Class C felony failure to stop after an accident resulting in injury and death.

Timothy Leon Jester v. State of Indiana (NFP)
02A05-1112-CR-701
Criminal. Reverses conviction of Class C felony operating a vehicle after a lifetime suspension, finding that the state did not prove that Jester had a lifetime suspension at the time of the offense.

Austin Brown v. State of Indiana (NFP)
28A01-1112-CR-611
Criminal. Affirms trial court convictions of two Class C felony counts of sexual misconduct with a minor.