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Thursday, January 11, 2007

Ind. Decisions - Court of Appeals issues 1 today (and 5 NFP)

For publication opinions today (1):

Robert Gleaves v. State of Indiana - Sentencing decision. See footnote on p. 9 re "advisory" vs. "presumptive" sentences.

NFP civil opinions today (2):

The Uniform House, Inc. v. Scrubs To Go, Inc., et al. (NFP) - "Regarding UH’s claim for breach of contract, we find that the restrictive covenant which forms the basis of that claim is overbroad and unenforceable. Furthermore, the restrictive covenant cannot be cured by application of the blue pencil doctrine because it is not clearly separated into divisible parts. As to UH’s claim for misappropriation of trade secrets, we conclude that none of the information allegedly misappropriated by Defendants constitutes trade secrets. Finally, we find no error in the trial court’s grant of summary judgment in favor of Defendants on UH’s claims for tortious interference with business relationships, conversion, and unfair competition. We therefore affirm the trial court’s grant of summary judgment in favor of Defendants on all of UH’s claims."

Ken Fryar Buildings, Inc. v. TGI Development, L.L.C. (NFP) - "TGL raises the additional issue of whether Fryar has waived all issues by failing to follow the rules of appellate procedure. Finding that Fryar substantially complied with the rules of appellate procedure, we address the merits of its appeal. However, we affirm, concluding that the evidence supports the trial court’s judgment, and that the trial court’s award of damages was proper and should not be reduced."

Footnote 2 on p. 5: "We also reiterate that we have a “preference to resolve cases that come before us on their merits where possible.” Foley v. Manor, 844 N.E.2d 494, 496 (Ind. Ct. App. 2006). Also, “[a]ny party’s failure to include any item in an Appendix shall not waive any issue or argument.” Ind. Appellate Rule 49(B)."

NFP criminal opinions today (3) (link to cases):

State of Indiana v. Walter E. Cantrell, Jr. (NFP) - "Walter Cantrell was charged with Class C felony possession of cocaine. Cantrell filed a motion to suppress evidence seized by police after a routine traffic stop. The trial court granted the motion, and the State appeals the trial court’s decision. Concluding that the traffic stop was not unreasonably prolonged by a dog sniff search of the car, we reverse."

Steven L. Newville v. State of Indiana (NFP)

Fairy K. Wann v. State of Indiana (NFP)

Posted by Marcia Oddi on January 11, 2007 01:44 PM
Posted to Ind. App.Ct. Decisions