Opinions

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.

Indiana Court of Appeals

Bennie Hale v. Keith Butts
33A04-1705-MI-1067
Miscellaneous. Affirms the denial of Bennie Hale’s petition for a writ of habeas corpus. Finds Hale’s petition was correctly captioned as a petition for writ of habeas corpus. Also finds the Henry Circuit Court did not err in denying the petition, as Hale’s parole was not discharged or expired, and Hale was not entitled to credit for time served in Florida on unrelated charges.

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:

David Mark Frentz v. Richard Brown
15-3479
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Affirms the district court’s denial of David Frentz’s petition for writ of habeas corpus. Finds the Indiana Court of Appeals did not unreasonably apply federal law in denying Frentz’s postconviction petition.

Indiana Court of Appeals

Sharis Haas v. Gordon Haas (mem. dec.)
49A05-1706-CT-1260
Civil tort. Affirms the Marion Circuit Court’s order setting aside a default judgment against Gordon Haas. Finds the trial court erred when it entered default judgment, so the court did not abuse its discretion when it set aside the default judgment.

Indiana Court of Appeals
In re Unsupervised Estate of Cary A. Owsley, Logan A. Owsley v. Mark E. Gorbett, et al.
49A02-1701-EU-207
Estate, unsupervised. Affirms the dismissal of Logan A. Owsley’s verified petition to open estate and the denial of his motion to correct error. Finds the Marion Superior Court did not err in concluding a claim being pursued in federal court was not an asset or property of the estate of Cary Owsley and, accordingly, in dismissing the matter.

Indiana Court of Appeals

Allan Highwood v. State of Indiana (mem. dec.)
49A02-1705-CR-1083
Criminal. Affirms Allan Highwood’s conviction for battery by means of a deadly weapon as a Level 5 felony. Finds evidence of probative value was presented from which the trial court as the trier of fact could find beyond a reasonable doubt that Highwood committed the offense of battery by means of a deadly weapon.