Court opinions

Indiana Supreme Court
Blake B. Hartman v. BigInch Fabricators & Construction Holding Company, Inc.
20S-PL-618
Civil plenary. Affirms the grant of summary judgment in Parke Circuit Court to BigInch Fabricators & Construction Holding Company Inc. Finds there is no blanket rule prohibiting agreements that call for open-market concepts to apply to compulsory, closed-market transactions. Also finds that the shareholder’s agreement’s valuation term clearly contemplates a fair market valuation of Blake Hartman’s shares in BigInch, so a third-party appraiser could apply minority and marketability discounts.

The following Indiana Supreme Court opinion was posted after IL deadline Tuesday: Rodriquez Anderson v. State of Indiana
21S-CR-28
Criminal. Grants transfer and summarily affirms the Indiana Court of Appeals’ decision remanding Rodriquez Anderson’s sentence to the Clark Circuit Court to correct the improper one-year sentence imposed for his conviction of Class B misdemeanor possession of marijuana, concurrent to his 25-year sentence for conviction of Level 2 felony conspiracy to deal methamphetamine. Rejects Anderson’s claim that he was improperly denied a speedy trial because counsel had been appointed at the time Anderson made his pro se request, so the trial court acted within its discretion in denying the request.

Indiana Court of Appeals
Jeffrey Thomas Maxwell v. Shirley Sue Maxwell 
20A-DR-869
Domestic relations. Reverses in part the order dividing marital property between Jeffrey and Shirley Maxwell. Finds that assigning the tax burden related to Jeffrey’s pension to Jeffrey alone has the result of significantly altering the Hancock Circuit Court’s intended 60/40 apportionment. Also finds Jeffrey is free to pay off the equalization payment more quickly than the $500 per month order and thereby incur less in interest. Remands for clarification regarding the division of Jeffrey’s military pension, and for the trial court to consider the tax consequences of its disposition and to redetermine the amount of the equalization payment. Judge Nancy Vaidik concurs and dissents in part with separate opinion.

The following 7^th Circuit Court of Appeals opinion was posted after IL deadline Thursday:
Francina Smith v. GC Services Limited Partnership and ORG GC GP Buyer, LLC
19-3494
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Civil. Affirms the dismissal of Francina Smith’s complaint against GC Services under the Fair Debt Collection Practices Act for lack of Article III standing. Finds Smith has not alleged how a need to dispute the debt in writing deterred her from disputing the debt, or what good a dispute would have done her.

Indiana Court of Appeals

Herbert C. Haggard and Alice M. Haggard v. State of Indiana and Jerry L. Hillenburg and Morgan County, Indiana

20A-PL-1502

Civil plenary. Affirms the Morgan Circuit Court’s order appropriating land for the improvement of Interstate 69 in which Herbert and Alice Haggard had interest in an easement over the property. Finds the trial court did not err when it overruled the Haggards’ objections to the state’s complaint and their motion to vacate the order of appropriation.

Indiana Court of Appeals
Steven P. Smith v. State of Indiana
20A-CR-1014
Criminal. Affirms Steven P. Smith’s conviction of Level 6 felony operating while intoxicated and the finding that he was a habitual vehicular substance offender. Finds the Elkhart Superior Court did not abuse its discretion when it held the jury trial in Smith’s absence because Smith knowingly and voluntarily waived his right to be present. Also finds the trial court did not commit fundamental error when it informed prospective jurors that the court has personally advised Smith of the trial date a few weeks prior.

Indiana Court of Appeals

Bobby L. Peck v. State of Indiana (mem. dec.)

20A-CR-1583

Criminal. Affirms Bobby Peck’s aggregate four-year sentence after he pleaded guilty to two counts of Level 6 felony identity deception and his admission to being a habitual offender. Finds the sentence imposed in Warren Circuit Court is not inappropriate.

The following opinions were posted after IL deadline on Friday:
7^th Circuit Court of Appeals
Hector Zelaya Diaz v. Jeffrey A. Rosen
20-1304
Petition for Review of a Decision of the Board of Immigration Appeals.
Agency. Finds the Board of Immigration Appeals did not exercise its discretion according to law in Hector Zelaya Diaz’s case. Grants the petition for review and remands for a proper exercise of discretion under the Board of Immigration Appeals’ precedent in Matter of Avetisyan, 25 I&N Dec. 688 (BIA 2012), and Matter of W-Y-U, 27 I&N Dec. 17 (BIA 2017).

Indiana Court of Appeals
Patrick W. Scholl v. State of Indiana (mem. dec.)
20A-CR-1282
Criminal. Affirms the Elkhart Superior Court’s nunc pro tunc order correcting a clerical error in Patrick Scholl’s sentencing order after he pleaded guilty to Level 5 felony habitual traffic violator and Class A misdemeanor resisting law enforcement. Finds the trial court did not err.