Opinions

The following Indiana Supreme Court opinions were posted after IL deadline Thursday:
Matthew L. Johnson v. State of Indiana
32S05-1707-CR-469
Criminal. Reverses the trial court’s overruling of Matthew Johnson’s objection to his habitual offender charges. Finds Indiana Code section 35-50-2-8(d) unambiguously requires each underlying low-level offense to meet the statutory 10-year requirement for a habitual offense.

The following Indiana Supreme Court opinion was posted after IL deadline Wednesday:
Bellwether Properties, LLC v. Duke Energy Indiana, Inc.
53S04-1703-CT-121
Civil tort. Reverses the dismissal of Bellwether Properties, LLC’s complaint against Duke Energy Indiana, Inc. Finds the dismissal was premature because the face of the complaint did not establish the asserted claim was time-barred. Remands for further proceedings.

Indiana Court of Appeals
City of Washington, Indiana v. Daviess County Rural Water System, Inc.
14A01-1702-PL-316
Civil plenary. Affirms and reverses in part the entry of judgment in favor of Daviess County Rural Water System, Inc. and the invalidation of an ordinance that raised DCRW’s rate 57 percent. Finds the Daviess Circuit Court did not abuse its discretion in finding the city breached its contract with DCRW by enacting the ordinance, so the ordinance is null and void as it relates to DCRW. Also finds the trial court erroneously invalidated the entire ordinance, so the ordinance remains in full force and effect as it relates to out-of-city customers other than DCRW. Finally, finds the trial court did not err in declining to dismiss DCRW’s declaratory judgment action or in consolidating the declaratory and statutory actions.

The following Indiana Supreme Court opinion was posted after IL deadline Monday:
In the Matter of: Philip H. Chamberlain
53S00-1303-DI-191
Disciplinary. Suspends Philip Chamberlain for at least three years without automatic reinstatement. Finds Chamberlain engaged in attorney misconduct by committing the crime of counterfeiting.

Indiana Court of Appeals
Miguel Alvarado v. State of Indiana
12A04-1704-CR-818
Criminal. Affirms the denial of Miguel Alvarado’s motion to introduce evidence that his ex-wife’s daughter, M.L., had been molested by her mother’s new boyfriend, and the denial of his motion to reopen evidence after the state’s closing argument. Finds the Clinton Circuit Court did not abuse its discretion in refusing to admit evidence that M.L. was molested by her mother’s new boyfriend, or in denying Alvarado leave to reopen evidence.

Indiana Court of Appeals
J.R. and C.R. v. S.P. and D.P
31A04-1706-DC-1284
Domestic relations with children. Affirms the grant of S.P. and D.P.’s motion to dismiss a custody action in which C.R. and J.R. sought to obtain custody of A.P. 13 years after C.R. voluntarily relinquished right to A.P. and consented to A.P.’s adoption. Finds the Harrison Circuit Court did not err in granting the motion to dismiss.

Indiana Court of Appeals
Bryan Fearman v. State of Indiana
49A04-1704-CR-802
Criminal. Reverses Bryan Fearman’s 910-day sentence for direct criminal contempt. Finds Fearman’s multiple acts of contemptuous behavior constitute a single contemptuous episode and can only warrant a single punishment of not more than six months without a jury trial. Remands for the Marion Superior Court to enter a sentencing order for criminal contempt with a six-month sentence.

Indiana Supreme Court
Merchandise Warehouse Co., Inc. v. Indiana Department of State Revenue
49S10-1712-TA-735
Tax. Grants review and reverses the partial denial of Merchandise Warehouse Co., Inc.’s claims for refunds for sales tax paid on blast freezing equipment and the electricity used in operating that equipment. Enters summary judgment for MWC on the issue of direct production. Finds MWC’s blast freezing process constitutes direct production because it represents the crucial final step in creating a distinct marketable good – blast frozen food. Also finds the relevant statutes and regulations impose no requirement that MWC’s blast-freezing procedure be its own, separate production process. Remands for further proceedings.

Indiana Supreme Court
Town of Ellettsville, Indiana Plan Commission and Richland Convenience Store Partners, LLC v. Joseph V. DeSpirito
53S01-1709-PL-612
Civil plenary. Stays consideration of the appeal. Remands for the Monroe Circuit Court to decide whether to expressly determine there is no just reason for delay and to direct entry of judgment under Trial Rules 54(B) or 56(C).

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Friday:
United States of America v. John Foster
17-1703
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Criminal. Affirms John Foster’s sentence to a mandatory minimum of 15 years under the Armed Career Criminal Act. Finds Indiana’s Class B felony burglary qualifies as a violent felony under the ACCA.

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Thursday:
United States of America v. John D. Gries and James McCullars
15-2432, -2447
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Criminal. Grants petition for panel rehearing for the purpose of withdrawing and replacing the original Sept. 20 opinion. Finds the original opinion contained an error in remand instructions. Denies the petition for rehearing in all other respects, and denies the petition for rehearing en banc.

The following opinion was posted after IL deadline Wednesday.
Indiana Supreme Court
In the Matter of: Richard S. Mossler
29S00-1704-DI-203
Disciplinary. Suspends Richard S. Mossler from the practice of law in Indiana for at least six months without automatic reinstatement. Finds Mossler engaged in attorney misconduct arising from his professional relationship with an out-of-state corporation.

The following opinion was posted after IL deadline Wednesday.

Indiana Supreme Court

In the Matter of: Richard S. Mossler

Indiana Court of Appeals
Kevin M. Dolick v. State of Indiana (mem. dec.)
79A02-1701-CR-21
Criminal. Affirms Kevin M. Dolick’s six-year sentence for his conviction of Level 3 felony dealing in methamphetamine, enhanced by three years based upon his guilty plea to using a firearm in the commission of the controlled substance offense. Finds Dolick waived his double jeopardy claim against the three-year enhancement by pleading guilty and benefitting from a plea bargain.

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday:
Joseph R. Elliott v. Board of School Trustees of Madison Consolidated Schools
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Affirms the grant of summary judgment in favor of Joseph Elliott on his constitutional claim against the Board of Trustees for Madison Consolidated Schools. Finds the retroactive application of the layoffs provision of Indiana’s 2011 Senate Bill 1 to teachers who were tenured before the law took effect is a substantial impairment to those teachers’ constitutional contractual rights.

Indiana Court of Appeals
Flanner House of Indianapolis, Inc. v. Flanner House Elementary School, Inc., Aliza Anderson, Chi Blackburn, Lorri Bryant, Dr. Cathi Cornelius, Robert Dotson, Brooke Dunn, Frances L. Hudson, et al.
49A02-1612-PL-2942
Civil plenary. Affirms the entry of summary judgment in favor of Flanner House Elementary School, Inc. and its individual directors and officers. Finds the Marion Superior Court did not err in granting summary judgment on the issue of compliance with the notice requirement of the Indiana Tort Claims Act. Also finds the application of the notice and liability limitations of the Indiana Tort Claims Act to charter schools is constitutional. Finally, finds Indiana Code sections 34-13-3-3 and 34-6-2-49(a) do not violate Article 1, Section 12 of the Indiana Constitution.

The following Indiana Tax Court opinion was posted after IL deadline Thursday:
The University of Phoenix, Inc. v. Indiana Department of State Revenue
49T10-1411-TA-65
Tax. Vacates the Indiana Department of State Revenue’s assessments of adjusted gross income tax for the University of Phoenix, Inc. for the 2009, 2010 and 2011 tax years. Finds the department erroneously calculated the proposed assessments by sourcing the university’s revenue according to the location of its market, rather than the location of the costs of its income-producing activities as required by Indiana Code section 6-3-2-2(f)(2). Also finds the university’s calculation of its Indiana sourced income report on its original tax returns for the years at issue is persuasive.

Indiana Court of Appeals
Alan Ruiz v. State of Indiana
10A05-1702-CR-311
Criminal. Affirms Alan Ruiz’s conviction of Class B misdemeanor public intoxication. Finds the evidence and reasonable inferences show Ruiz was intoxicated in a public place and in imminent danger of breaching the peace.