Opinions

Indiana Court of Appeals
Joshua Schaaf v. State of Indiana
85A04-1506-CR-796.
Criminal. Affirms Joshua Schaff’s convictions but reduces his sentence for two counts of dealing heroin. Finds sufficient evidence for his convictions even though he didn’t participate in one of the transactions and didn’t know he was near a park in the second. Reduces Schaff’s sentence from 15 years for the first count and 40 for the second count to 10 for the first count and 30 for the second, finding the sentence was too harsh. Judge Paul Mathias dissents in opposition to the sentence reduction in one-paragraph opinion.

7th Circuit Court of Appeals
Samaron Corp. D/B/A Troyer Products v. United of Omaha Life Insurance Company
15-3446
Appeal from the United States District Court for the Northern District of Indiana, Judge Rudy Lozano.
Civil. Affirms United of Omaha does not have to pay Troyer Products after it mistakenly paid the wrong party a death benefit. Rules Troyer knew the money was going to the wrong party and let it happen anyway.

Indiana Court of Appeals

BSA Construction LLC v Jimmie E. Johnson
49A02-1506-CT-749
Civil Tort. Affirms summary judgment for Jimmie Johnson after the Court of Appeals found Johnson did not owe BSA a duty of care after he appraised a property for less than the agreed-upon purchase price. Johnson cannot serve both the bank that hired him and BSA because of conflicting interests.

Indiana Court of Appeals
David Simons v. State of Indiana
20A03-1512-CR-2158
Criminal. Affirms David Simons’ 29-year aggregate sentence after court ruled even though trial court did notify Simons of his earliest and maximum possible release dates the error was harmless.

Indiana Court of Appeals
Brandon T. Black v. State of Indiana
02A03-1511-PC-1875
Post conviction. Denies Brandon Black’s petition for post-conviction relief as the COA found the failure of Black’s attorney to tell him about sentence maximums did not affect his decision to plead guilty to Class A felony neglect of a dependent.

Indiana Court of Appeals
Korie M. Leslie v. Jeremy D. Farmer
87A01-1508-JP-1164
Juvenile. Affirms father can have child’s last name changed to his paternal name. He was up-to-date on child support, has spent time with the child and been active in the child’s life. The name will serve as a reminder that the child has two parents who care.

Indiana Court of Appeals
Michael Pugh v. State of Indiana
49A02-1506-CR-483
Criminal. Affirms Michael Pugh’s convictions of two counts of rape, one count of attempted criminal deviate conduct, one count of robbery and one count of burglary as Class A felonies; one count of robbery and three counts of carjacking as Class B felonies; and one count of robbery as a Class C felony. Finds Pugh’s three convictions of robbery do not violate the single larceny rule and his two convictions of rape do not violate the continuing crime doctrine.
 

7th Circuit Court of Appeals
Polycon Industries Inc. v. National Labor Relations Board
15-3675, 15-3859
NLRB. Enforces National Labor Relations Board order that Polycon Industries must sign a collective bargaining agreement with Teamsters Union Local 142. Polycon negotiated the agreement with the Teamsters, but then refused to sign it.

Indiana Court of Appeals
Barbara Hill, individually and as guardian of Charles Hill, incapacitated, and as next friend of Alexandra Hill, a minor, et al. v. Erich E. Gephart, City of Indianapolis, et al.
49A02-1509-CT-1288
Civil tort. Reverses summary judgment in favor of city of Indianapolis defendants on the Hills’ claim of negligence and intentional infliction of emotional distress arising from Erich Gephart driving a jail transport vehicle that struck and injured Charles Hill. Remands for proceedings.

7th Circuit Court of Appeals
United States of America v. David A. Resnick
14-3791
United States District Court for the Northern District of Indiana, Hammond Division. James T. Moody, judge.
Criminal. Affirms David Resnick’s convictions of aggravated sexual abuse of a minor, interstate transportation of child pornography, brandishing a firearm in furtherance of a crime of violence and being a felon in possession of a firearm. Finds admission of Resnick’s refusal to take a polygraph test into evidence does not violate his Fifth Amendment rights, and the evidence was sufficient to uphold his firearm conviction. Judge Baurer dissents.

Indiana Court of Appeals
Scott Schuck v. State of Indiana
73A01-1507-CR-981
Criminal. Reverses decision and remands to trial court to determine amount of investigatory expenses law firm representing Schuck should get after COA found investigation was necessary even though Schuck pleaded guilty after trial began.

7th Circuit Court of Appeals
Knauf Insulation, Inc. v Southern Brands, Inc. and Albert and Rosemary Dowd
15-3157
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms Southern Brands needs to pay more than $3.5 million to Knauf Insulation after SBI filed a counterclaim in a price-gouging suit too late to be considered.

Indiana Tax Court
The following opinion was issued after IL deadline Friday.
Hamilton Southeastern Utilities v Indiana State Department of Revenue
49T10-1210-TA-00068.
Tax. Grants summary judgment to Hamilton Southeastern on challenge that the company’s connection fees are not subject to utility rate tax. The company separated its fees from its taxable receipts on its return.

Indiana Court of Appeals
P & P Home Services, LLC v. Review Board of the Indiana Dept. of Workforce Development and Cynthia Hutcherson
93A02-1511-EX-1818
Agency action. Reverses Department of Workforce Development Review Board determination that a former employee of P&P Home Services is eligible for unemployment benefits. Remands to the board for a determination of whether the worker’s employment relationship was voluntarily severed by the employee.

Indiana Supreme Court
Kathy L. Siner, Personal Representative of the Estate of Geraldine A. Siner, Deceased, et al. v. Kindred Hospital Limited Partnership, d/b/a Kindred Hospital of Indianapolis, et al.
49S05-1604-CT-219
Civil tort. Reverses find of summary judgment for Kindred Hospital and Mohammed Majid after the Supreme Court found genuine issues of material fact in the case.

Indiana Supreme Court
Ronald Sanford Jr. v. State of Indiana
49S05-1604-PC-210
Post conviction. Reverses trial court and Court of Appeals decisions and finds Ronald Sanford can file a belated notice of appeal of his sentence after he pleaded guilty to two counts of murder, among other charges, because of “unique circumstances.”

Indiana Supreme Court
William Bowman v. State of Indiana
 21S04-1510-CR-604
Criminal. Affirms conviction of Class A felony dealing in a narcotic drug within 1,000 feet of a school property and being a habitual substance offender. The evidence was sufficient to sustain William Bowman’s conviction despite a second baggie of evidence not being tested to prove it was heroin after a first bag of heroin was tested.

Indiana Court of Appeals
Kelly E. Culver v. State of Indiana (mem. dec.)
84A01-1511-PC-1964
Post conviction. Affirms denial of Kelly Culver’s petition for post-conviction relief.

Indiana Court of Appeals
Kennedy Tank & Mfg. Co., Inc.; and Hemlock Semiconductor Corp., and Hemlock Semiconductor, LLC v. Emmert Industrial Corporation, d/b/a Emmert International
49A02-1507-CT-934
Civil tort. Reverses denial of Kennedy Tank Manufacturing’s motion to dismiss the lawsuit brought against it by Emmert International. The Indiana statute of limitation the trial court relied on is preempted by a federal statute with a shorter limitations period, and Emmert did not bring the lawsuit within that period.

Indiana Supreme Court
Adam Horton v. State of Indiana
79S02-1510-CR-628
Criminal. Reverses Adam Horton’s conviction of Class D felony domestic battery after the court found Horton did not waive his right to jury trial on the charge. Remands for a new trial. The failure to confirm his person waiver before proceeding to a bench trial was fundamental error.