The Indiana Law Blog: Ind. Decisions - Court of Appeals issues 1 today (and 14 NFP)

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Tuesday, October 20, 2009

Ind. Decisions - Court of Appeals issues 1 today (and 14 NFP)

For publication opinions today (1):

In Mark Alvin Lamar v. State of Indiana , an 8-page opinion, Judge Mathias concludes:

The trial court did not abuse its discretion in sentencing Lamar because the trial court properly found an aggravator that was sufficient to support the sentence imposed. Lamar's sentence was not inappropriate in light of the nature of the offense and the character of the offender. Affirmed.

DARDEN, J., concurs.
ROBB, J., concurs in result with opinion. [which includes] When a trial court abuses its discretion in finding an aggravator, we will nonetheless affirm the sentence if we can say with confidence that the trial court would have imposed the same sentence even if it had not considered the improper aggravator.

NFP civil opinions today (3):

DeVoy & Hicks Body Shop and David DeVoy v. Mike R. Wallace (NFP) - "This single dispute comes to us within the context of three causes: (1) an award of worker's compensation benefits; (2) the employee's claim for the trial court to render judgment on that award; and (3) the employer's claim for fraud and breach of contract arising from the worker's compensation litigation. Specifically, DeVoy & Hicks Body Shop, Inc. and David DeVoy (“Employer”) appeal the trial court's dismissal of their complaint for fraud and breach of contract and the trial court's subsequent denial of their motion to correct error. We affirm, concluding that the Employer is barred by claim preclusion from bringing its claims."

Brady McCord v. Review Board, and Mariane, Inc. (NFP) - "For the foregoing reasons, we affirm the Indiana Department of Workforce Development Review Board's determination that McCord was terminated for just cause."

Michael McMann v. Review Board of the Indiana Dept. of Workforce Development, et al. (NFP) - "Although McMann is not disqualified from receiving unemployment benefits under Indiana Code chapter 22-4-15, he cannot establish his eligibility to receive benefits under Indiana Code chapter 22-4-14 because he is unable to work. See I.C. § 22-4-14-3(b). Accordingly, we affirm the Review Board’s decision that McMann is ineligible to receive unemployment insurance benefits."

NFP criminal opinions today (11):

Arthur Williams v. State of Indiana (NFP)

Phillip Robertson v. State of Indiana (NFP)

Liberio Aguirre v. State of Indiana (NFP)

Jasen Shaver v. State of Indiana (NFP)

Michael B. Kern v. State of Indiana (NFP)

Larry E. Farner v. State of Indiana (NFP)

Bradley K. Lawrence v. State of Indiana (NFP)

Palas Bryant v. State of Indiana (NFP)

Michael C. Brewer v. State of Indiana (NFP)

Jeff Howell v. State of Indiana (NFP)

Dale J. Atkins v. State of Indiana (NFP)