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Wednesday, August 06, 2014

Ind. Decisions - Court of Appeals issues 3 today (and 4 NFP)

For publication opinions today (3):

In Cherokee Air Products, Inc., Cherokee Family Limited Partnership, Tippmann Industrial Products, Inc., Dennis Tippmann, Sr. Family Partnership, LLP, and Tippmann Farms, LLC v. Bruce E. Buchan, an 8-page opinion, Sr. Judge Garrard writes:

Cherokee Air Products, Inc., Cherokee Family Limited Partnership, Tippmann Industrial Products, Inc., Dennis Tippmann, Sr. Family Partnership, LLP, and Tippmann Farm, LLC (collectively “Cherokee”) bring this interlocutory appeal from the trial court’s order granting partial summary judgment in favor of Bruce E. Buchan in an action alleging breach of his employment contract and seeking damages. Concluding that there are no genuine issues of material fact precluding the entry of partial summary judgment in favor of Buchan, we affirm. * * *

The trial court did not err in concluding that the contract did not prohibit Buchan from retiring from his position.

In Kevin Davis v. State of Indiana, a 17-page opinion, Judge Kirsch writes:
Following a bench trial, Kevin Davis was convicted of Class A felony robbery resulting in serious bodily injury.1 He appeals and raises the following three restated issues:
I. Whether the trial court abused its discretion by admitting a witness’s out-of-court prior statements to police identifying Davis as one of two persons involved in the beating and robbery of victim Kevin Taylor (“Taylor”);
II. Whether the trial court abused its discretion when it admitted the depositions of two witnesses on the basis that they were unavailable to testify at trial; and
III. Whether the evidence was sufficient to support Davis’s conviction.
We affirm.
In Craig Alvey v. State of Indiana, a 6-page opinion, Judge Mathias writes:
Craig Alvey (“Alvey”) has filed a Petition for Rehearing of our opinion affirming the Elkhart Superior Court’s denial of Alvey’s petition to expunge the records of his conviction for Class A misdemeanor possession of cocaine. We grant Alvey’s Petition for Rehearing for the limited purpose of addressing a perhaps unique question presented in his petition, but otherwise affirm our original opinion in full. * * *

In short, the plain and unambiguous language of the new version of Indiana Code
section 35-38-9-9 does not contain a three-year waiting period for new petitions unless certain conditions are present, and those conditions do not apply here. Accordingly, we conclude that the three-year waiting period does not apply to any new petition Alvey may file to expunge his Class A misdemeanor conviction under the new, more liberal standards of Indiana Code section 35-38-9-2 (2014). This observation aside, we affirm our original opinion in all respects.

NFP civil opinions today (1):

In the Matter of J.K., A Child in Need of Services, M.K., Father v. Marion County Department of Child Services and Child Advocates, Inc. (NFP)

NFP criminal opinions today (3):

Arthur Gutierrez, Jr. v. State of Indiana (NFP)

Jeffery A. Foster v. State of Indiana (NFP)

Daniel Utterback v. State of Indiana (NFP)

Posted by Marcia Oddi on August 6, 2014 10:45 AM
Posted to Ind. App.Ct. Decisions