Opinions

Indiana Tax Court

Nick Popovich v Ind. Dept. of State Revenue
49T10-1010-TA-53
Awards Nick Popovich $24,963 for successfully prosecuting his first motion to compel.

7th Circuit Court of Appeals
Aduwali Abdukhadir Muse v. Charles A. Daniels, Warden, FCI Terre Haute
15-2646
Civil. Affirms denial of writ of habeas corpus because Muse waived the right to challenge his guilty plea based on his age when he pleaded guilty.

Indiana Court of Appeals
Caterpillar Inc. v. William Sudlow
79A02-1507-CT-801
Civil tort. Reverses and remands summary judgment for William Sudlow in favor of Caterpillar Inc. after it found Sudlow is not entitled to relief under statute or common law. Sudlow was a Caterpillar employee who was fired after another employee observed a partially visible gun in his vehicle in the Caterpillar parking lot.

Indiana Supreme Court
Ashonta Kenya Jackson v. State of Indiana
48S02-1509-CR-554
Criminal. Affirms conviction of Class C felony corrupt business influence, holding that Indiana’s Racketeer Influenced and Criminal Organizations Act does not contain a continuity element, but rather a requirement that the pattern of crimes are “not isolated.” The evidence was sufficient to show the underlying robberies Jackson was convicted of were not isolated. Remands for revision of the sentencing order to indicate which offense was enhanced by the habitual offender adjudication.

Indiana Supreme Court
Austin Blaize v State of Indiana
26S00-14-10-LW-771
Life without parole. Affirms convictions of murder, burglary and other charges and Austin Blaize’s sentence of life without parole and a term of years. Comments made by the judge to the jury do not require reversal and a new trial.

Indiana Court of Appeals
Edward Skillman v. Ivy Tech Community College
49A04-1509-PL-1279
Civil plenary. Affirms summary judgment for Ivy Tech on Skillman’s claim under the Indiana Wage Payment Act. Ivy Tech is not an “employer” for purposes of the Indiana Minimum Wage Law because it is “subject to” federal Fair Labor Standards Ac requirements, even if Skillman cannot personally enforce FLSA requirements against Ivy Tech.

Indiana Court of Appeals
Timothy L. Coats v. State of Indiana (mem. dec.)
02A03-1510-CR-1657
Criminal. Affirms conviction of Level 6 felony resisting law enforcement.

Indiana Court of Appeals
John H. Hill v. State of Indiana
20A03-1507-CR-907
Criminal. Affirms John Hill’s convictions of criminal confinement, a Class C felony, domestic battery, a Class D felony, domestic battery, a Class A misdemeanor and interference with the reporting of a crime, a Class A misdemeanor.  The state did not interfere with his defense by moving to exclude the testimony of a witness.

Indiana Court of Appeals
Billy Luke v. State of Indiana
15A01-1409-CR-407
Criminal. Affirms Billy Luke’s convictions for invasion of privacy as Class D felonies and the revocation of his probation. Remands with instructions to vacate Luke’s conviction for stalking as a Class C felony because of a double jeopardy violation.

7th Circuit Court of Appeals
Kathy Ann Stark v. Carolyn W. Colvin
15-2352
US District Court, Northern District of Indiana, Fort Wayne Division
Joseph S. Van Bokkelen, Judge.
Civil. Remands denial of disability insurance benefits to Social Security Administration, finding the administrative law judge applied flawed analyses to deny Stark’s claim.

The following 7th Circuit Court of Appeals opinion was issued after IL deadline Friday.

USA vs. Lon Campbell
15-1188
US District Court, Southern District of Indiana, Indianapolis Division
Tonya Walton Pratt, Judge.
Criminal. Dismisses appeal of Campbell’s sentence of 21 months in prison followed by three years of supervised release because he waived his right to appeal in district court.

Indiana Court of Appeals
David W. Gerth v. State of Indiana
29A02-1506-CR-693
Criminal. Reverses David Gerth’s convictions for Class C felony dealing in marijuana and Class D felony maintaining a common nuisance.

7th Circuit Court of Appeals
In Re: Biglari Holdings Inc. Shareholder Derivative Litigation. Chad Taylor and Edward Donahue v. Sardar Biglari
15-1828
U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Affirms ruling there was no demand futility in three transactions which sold holdings to Biglari Holdings CEO Sardar Biglari.

Indiana Supreme Court
Tom Bonnell v. Ruby A. Cotner, Douglas Wayne Cotner, Arthur J. Johnson, Jimmy J. Johnson, and Jerry L. Johnson
66S03-1509-PL-530
Civil plenary. Affirms denial of the Cotners’ adverse possession claim and reverses the grant of a prescriptive easement, finding that the sale of the 35-foot-wide strip of land by tax deed extinguished any and all interest the Cotners previously possessed.

Indiana Court of Appeals
Takesha Lashawn Sanders v. State of Indiana (mem. dec.)
45A04-1506-CR-648
Criminal. Affirms conviction of guilty but mentally ill of murder after a jury trial.

Indiana Court of Appeals
David J. and Susan L. MacFadyen v. City of Angola, City of Angola Plan Commission, and Trine University, Inc.
17A03-1506-CT-556
Civil tort. Affirms decision by the Angola Plan Commission to vacate a portion of an alley on Trine University property near the MacFadyens’ property. The MacFadyens did not show they were aggrieved by the vacation.

Indiana Court of Appeals
Thomas A. Ambrose II v. Dalton Construction, Inc.
29A02-1407-CC-479
Civil collection. Clarifies on rehearing that there is a statutory requirement that modifications to a home improvement contract must be in writing, notwithstanding the language in Sees v. Bank One, Ind., N.A., 839, N.E.2d 154, 161 (Ind. 2005). But this does not change the result of the case and affirms denial of Ambrose’s motion for summary judgment and the entry of final judgment in favor of Dalton Construction on its complaint to foreclose a mechanic’s lien.

7th Circuit Court of Appeals
Debbie A. Stage v. Carolyn W. Colvin, Acting Commissioner of Social Security
15-1837
U.S. District Court for the Northern District of Indiana, Hammond Division. Judge Joseph Van Bokklelen.
Civil. Vacates the denial of Stage’s application for supplemental security income, disability insurance benefits and disabled widow’s benefits. Finds the medical evidence does not support the administrative law judge’s decision that Stage could stand or walk for six hours a day; stoop, crouch, occasionally climb ramps or stairs; and lift or carry up to 20 pounds. Remands for further consideration.

Indiana Court of Appeals Hervin S. Talley v. State of Indiana 45A05-1507-PC-1005 Post Conviction. Affirms denial of Talley’s petition for post-conviction relief. Finds Talley’s attorney’s decision to not file a motion to bifurcate the possession of a handgun charge from resisting law enforcement charges was correct because the motion would have been denied since the […]

7th Circuit Court of Appeals Erik Solano v. United States of America 15-1290 U.S. District Court for the Northern District of Indiana, South Bend Division. Judge Jon E. DeGuilio. Civil. Affirms dismissal of Solano’s Section 2255 motion to vacate his sentence. The Sixth Amendment does not require an attorney to accede to a defendant’s request […]