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Friday, January 23, 2015

Ind. Decisions - Court of Appeals issues 4 today (and 9 NFP)

For publication opinions today (4):

J.K. v. T.C.

In Adam Nagel and Emily Nagel v. Northern Indiana Public Service Company, a 26-page opinion, Judge Barnes writes:

Adam and Emily Nagel appeal the trial court’s refusal to impose discovery sanctions against Northern Indiana Public Service Company (“NIPSCO”) and the trial court’s grant of summary judgment in favor of NIPSCO. We affirm in part, reverse in part, and remand. * * *

The trial court did not abuse its discretion in refusing to sanction NIPSCO with default judgment for its purported delays in providing discovery to the Nagels. However, the trial court erroneously granted summary judgment to NIPSCO. There are genuine issues of material fact as to whether NIPSCO owed Adam a duty of care and whether it breached that duty. We affirm in part, reverse in part, and remand for further proceedings.

Jerome Perry v. State of Indiana, a 4-page opinion, Judge Crone writes:
Jerome Perry appeals the three years of home detention imposed by the trial court following his conviction for class D felony receiving stolen goods. Perry asserts that the trial court’s sentence does not accord with Indiana law and that his sentence should have been six months. Finding that the trial court properly applied the law in sentencing Perry, we affirm.
In Dorvae Barnett v. State of Indiana, a 7-page opinion, Judge May writes:
Dorvae Barnett appeals the five-year enhancement of his sentence for Class C felony reckless homicide based on Barnett’s knowing use a firearm in the commission of that crime. Barnett presents two issues, which we restate as: 1. Whether the finding Barnett used a firearm was erroneous as a factual matter; and 2. Whether the finding that he used a firearm was improper as a matter of law.
We affirm.
NFP civil opinions today (2):

In the Matter of the Adoption of K.L., K.D. v. S.W. & M.W. (NFP)

In the Matter of: V.B., P.B. & B.B., Children Alleged to be Chins and A.B. v. The Ind. Dept. of Child Services (NFP)

NFP criminal opinions today (7):

Thomas J. Thacker v. State of Indiana (NFP)

Ataul Shafeek, Jr. v. State of Indiana (NFP)

Aaron Johnson v. State of Indiana (NFP)

Douglas Hobbs v. State of Indiana (NFP)

James Mayhugh v. State of Indiana (NFP)

Larry Gentry v. State of Indiana (NFP)

Howard Jackson v. State of Indiana (NFP)

Posted by Marcia Oddi on January 23, 2015 10:48 AM
Posted to Ind. App.Ct. Decisions