Opinions

Indiana Court of Appeals
David K. Miller v. Joy A. (Miller) Brown
03A01-1703-DR-512
Domestic relation. Reverses the Bartholomew Superior Court’s order requiring David Miller and Joy Brown to combine all the savings from four college savings accounts into a single, jointly owned account for the benefit of their youngest son, N.M. Finds the funds in the two accounts opened by Miller are his property and the trial court lacked authority to make Brown a co-owner. Remands for a new ruling on Brown’s petition for payment of N.M.’s college expenses.

Indiana Court of Appeals
Dori J. West v. State of Indiana
02A04-1704-CR-783
Criminal. Reverses Dori West’s conviction of Class A misdemeanor resisting law enforcement. The state failed to present sufficient evidence to support the conviction.

Indiana Court of Appeals
Nicholaus Knecht v. State of Indiana
06A05-1701-CR-131
Criminal. Affirms the revocation of Nicholaus Knecht’s probation and order he serve his suspended sentence in community corrections. The state proved Knecht violated his probation and he failed to show he was deprived due process.

Indiana Court of Appeals
2444 Acquisitions, LLC v. Michael Fish
49A02-1606-MF-1315
Mortgage foreclosure. Affirms the order granting Michael Fish’s motion for turnover of the tax sale surplus funds. Finds the current action is not estopped and that equity requires the disbursement of the funds to Fish.

The following 7th Circuit Court of Appeals opinions were posted after IL deadline Friday:
In Re: OneStar Long Distance, Inc., Elliott D. Levin v. Verizon Business Global, LLC
16-1940, -2094
Appeals from the United States District Court for the Southern District of Indiana, Evansville Division. Judge Richard L. Young.
Civil. Affirms the district court’s affirmation of the bankruptcy judge’s ruling that the new value, or additional telecommunications services, that MCI advanced during its preference period sufficed to make OneStar’s preferential payments unavoidable, so the debt assignment to a newly formed affiliate was irrelevant. Finds a debtor’s assignment of debt and contractual rights to an affiliate doesn’t have the effect of repaying a creditor for new value. Also finds MCI advanced subsequent new value that remained unpaid, so OneStar’s preferential transfers are unavoidable.

Indiana Court of Appeals
Jennifer Cox v. Evansville Police Department and The City of Evansville; Babi E. Beyer v. The City of Fort Wayne
82A01-1610-CT-2299
Civil tort. In a combined appeal, reverses and remands trial court orders granting summary judgment to the municipalities on two women’s claims that police officers sexually assaulted them while on duty. Reverses both cases and remands for further proceedings. In the city of Fort Wayne's cross-appeal, affirms the trial court’s denial of Fort Wayne’s summary judgment motion on Beyer’s respondeat superior claim.

Indiana Court of Appeals
Devan Lampe v. State of Indiana (mem. dec.)
34A02-1706-CR-1306
Criminal. Affirms 16-year prison sentence for conviction of Level 3 felony burglary, concluding the sentence is not inappropriate in light of the nature of Devan Lampe’s offense and his character.

7th Circuit Court of Appeals
E.T. Products, LLC v. D.E. Miller Holdings, Inc., et al.
16-1204
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Philip P. Simon.
Civil. Affirms the district court’s judgment that a noncomplete clause between Doug and Tracy Miller and E.T. Products LLC was enforceable, but that the Millers did not breach it. Finds the noncompetition agreement is not overbroad.

Indiana Court of Appeals
Racquel Postiglione v. State of Indiana
49A04-1607-CR-1662
Criminal. Affirms the restitution order entered following Racquel Postiglione’s conviction of Class A misdemeanor battery resulting in bodily injury. Finds the victim’s injuries were the result of or a “direct consequences of the acts initiated by” Postiglione, even if she was not the one to break the man’s leg and ankle.

7th Circuit Court of Appeals
Jeff Monroe v. Indiana Department of Transportation and Joe McGuinness
16-1959
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Affirms the district court’s grant of summary judgment to the Indiana Department of Transportation and Joe McGuinness. Finds Jeff Monroe failed to provide sufficient evidence that the reason for his termination was pretextual. Also finds Monroe failed to establish similarly situated employees were treated differently than he was.

Indiana Court of Appeals
Jacob O. Robinson v. State of Indiana
22A01-1604-CR-856
Criminal. Reverses and vacates Jacob O. Robinson’s sentence, pursuant to a plea agreement, for his conviction of Class D felony attempted residential entry and his admission to being a habitual substance offender. Finds sua sponte that Robinson’s habitual substance offender adjudication and enhancement of the sentence for a non-substance offense was contrary to statute. Remands with instructions to enter a new plea agreement and sentence that comply with the relevant statutory authority or for further proceedings if the parties cannot reach such an agreement.

Indiana Court of Appeals
Evelyn Messmer v. KDK Financial Services, Inc., et al.
53A01-1701-PL-139
Civil plenary. Affirms summary judgment in favor of KDK Financial Services and Fred Kern. The continuing representation doctrine is not applicable to financial advisers or fraud allegations, and no genuine issue of material fact exists establishing that the defendants fraudulently misrepresented the surrender of insurance annuities.

Indiana Court of Appeals
Larry Warren v. Carl L. Epstein (mem. dec.)
49A04-1606-CT-1498
Civil tort. Affirms the grant of summary judgment in favor of Carl L. Epstein in Larry Warren’s action against Epstein for legal malpractice. Finds Warren’s complaint for legal malpractice was not filed within the statute of limitations and, therefore, is time barred.

Indiana Court of Appeals
In re: the Matter of the Involuntary Termination of the Parent-Child Relationship of C.L., a Minor Child and his Father, C.H., C.H. v. Marion County Department of Child Services (mem. dec.)
49A02-1703-JT-566
Juvenile. Affirms the termination of father C.H.’s parental rights to his son, C.L., finding the evidence sufficient to support the termination.

Indiana Court of Appeals
Shannon D. Moyer v. State of Indiana
79A04-1703-CR-477
Criminal. Affirms Shannon D. Moyer’s sentence to an aggregate term of 20 years for his convictions of three felony offenses and a habitual offender count. Finds the Tippecanoe Superior Court did not abuse its discretion in its treatment of aggravating and mitigating factors during sentencing. Finally, finds Moyer’s sentence is not inappropriate. Remands for an adjustment to Moyer’s jail time-credit.

Indiana Court of Appeals
Robert Muldowney v. Lincoln Park, LLC and Robert Versprille
29A02-1610-SC-2439
Small claims. Dismisses without prejudice Robert Muldowney’s appeal of the Hamilton Superior Court’s grant of judgment in favor of Lincoln Park LLC and Robert Versprille. Finds the manner in which the trial court acted deprived Lincoln Park and Versprille of the chance to present evidence to meet its burden of proof against Muldowney. Remands for the trial court to conduct an evidentiary hearing on Lincoln Park and Versprille’s complaint and to rule on it accordingly.

Indiana Court of Appeals
Kevin Dowdy v. State of Indiana
49A02-1612-CR-2679
Criminal. Affirms the denial of Kevin Dowdy’s motion to suppress evidence. Finds the totality of the circumstances presented a particularized and objective basis for a traffic stop and that the stop was reasonable and did not violate Dowdy’s rights under the Fourth Amendment or Article 1, Section 11 of the Indiana Constitution. Also finds that officer Cameron Taylor’s asking Dowdy if he “wouldn’t mind giving (him) his identification,” did not violate Dowdy’s rights under the Fourth Amendment.

Indiana Court of Appeals
Larry W. Newton, Jr. v. State of Indiana
18A05-1612-PC-2817
Post conviction. Affirms the denial of Larry W. Newton Jr.’s petition for post-conviction relief. Finds his sentence to life without parole is not unconstitutional under the Eighth Amendment.

Indiana Supreme Court
In the Matter of: Beau J. White
27S00-1703-DI-131
Disciplinary. Suspends Beau J. White from the practice of law in Indiana for at least three years without automatic reinstatement. Finds White committed attorney misconduct in connection with his representation of a client and by failing to cooperate with the disciplinary process. Chief Justice Loretta Rush and Justice Steve David dissent believing White is deserving of a significant period of suspension or disbarment.

The following Indiana Tax Court opinion was posted after IL deadline Thursday:
Schilli Leasing, Inc. v. Indiana Department of State Revenue
49T10-1306-TA-54
Tax. Affirms the Indiana Department of State Revenue’s final determination assessing Schilli Leasing, Inc. with unpaid sales and use tax liabilities for the 2008, 2009 and 2010 tax years. Finds the retail transactions giving rise to unpaid liabilities were not exempt under Indiana Code section 6-2.5-5-27.