Opinions

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.

Indiana Court of Appeals

Marvin Podemski v. Praxair, Inc. and Antibus Scales & Systems, Inc.
71A03-1608-CT-1927
Civil tort. Affirms the entry of summary judgment in favor of Praxair, Inc. and Antibus Scales & Systems, Inc. and the denial of Marvin Podemski’s motion to correct error. Finds the conditions presented by an air hose and the illumination of the area around the hose was known and obvious. Also finds Praxair and Antibus should not have expected that Podemski would not discover or fail to protect himself against the condition presented by the configuration of the air hose.

Indiana Court of Appeals
Kenny Purvis v. State of Indiana
09A02-1702-CR-454
Criminal. Affirms Kenny Purvis’ convictions for Level 6 felony theft, Level 6 felony conspiracy to commit theft and Level 5 felony corrupt business influence. Finds the evidence is sufficient to support Purvis’ convictions. Also finds Purvis’ sentence to an aggregate term of 12 years’ imprisonment is not inappropriate.

Indiana Court of Appeals
George A. Buskirk v. Maureen Buskirk
06A01-1610-DR-2296
Domestic relation. Reverses the Boone Circuit Court’s order finding a postnuptial agreement unenforceable and ordering that George A. Buskirk pay Maureen Buskirk maintenance and her attorney fees. Finds the agreement was entered into as a reconciliation agreement, was made with valid consideration, set forth the parties’ intent to waive any rights to property of the other and is enforceable.

Indiana Court of Appeals
Glenn Dillard v. State of Indiana (mem. dec.)
49A05-1706-CR-1189
Criminal. Affirms trial court’s conviction of Class A misdemeanor dealing in paraphernalia, finding that the evidence is sufficient.

7th Circuit Court of Appeals
United States of America v. Elmer F. Wiman
16-3929
Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Judge Larry J. McKinney.
Criminal. Affirms Elmer Wiman’s convictions of robbing a credit union, carrying a firearm during and in relation to a crime of violence and possessing a firearm as a felon. Finds any error in the district court’s failure to swear the venire to answer questions truthfully prior to the start of voir dire is harmless.