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Wednesday, September 16, 2015

Ind. Decisions - Court of Appeals issues 2 opinion(s) today (and 1 NFP memorandum decisions)

For publication opinions today (2):

In R.L. Turner Corporation v. William Wressell, a 28-page opinion, Judge Bradford writes:

Appellee-Plaintiff William Wressell brought a claim against his employer Appellant-Defendant R.L. Turner Corporation (“RLTC”) alleging that he did not receive wages he was entitled to under the Indiana Common Construction Wage Act (“CCWA”). The trial court found that RLTC provided insufficient fringe benefits to meet the minimum wage requirements of the CCWA and awarded Wressell compensatory damages for the unpaid fringe benefits as well as statutory treble damages. The trial court also awarded attorney’s fees to Wressell pursuant to the fee shifting provision of the Indiana Wage Payment Statute.

On appeal, RLTC raises several issues which we consolidate and restate as follows: (1) whether the CCWA can form the basis for a private cause of action;
(2) whether the trial court erred in finding that RLTC provided insufficient fringe benefits to meet the minimum requirements of the CCWA; and (3) whether the trial court erred in awarding attorney’s fees to Wressell. Wressell argues on appeal that the trial court erred in failing to consider his overtime hours in calculating the amount of wages he was entitled to. We affirm the judgment of the trial court; however, we remand with instructions that the trial court award Wressell additional damages for overtime compensation.

In Timmie Bradley v. State of Indiana, a 32-page opinion, Judge Bradford concludes:
In sum, we conclude (1) that the Detectives entry into the home did not violate the Fourth Amendment or Article I, Section 11; (2) that the Detective’s protective sweep of the kitchen did not violate the Fourth Amendment or Article I, Section 11; (3) that Bradley’s convictions for Class C felony possession of cocaine and a handgun and Class C felony possession of cocaine violated the prohibitions against double jeopardy and therefore must be vacated; (4) that the evidence is sufficient to sustain Bradley’s conviction for Class A felony possession of cocaine; and (5) that the evidence is insufficient to sustain Bradley’s conviction for Class A misdemeanor possession of marijuana.

We therefore (1) affirm Bradley’s conviction for Class A felony possession of cocaine; (2) vacate Bradley’s convictions for Class C felony possession of cocaine and a handgun, Class C felony possession of cocaine, and Class A misdemeanor possession of marijuana; and (3) remand the matter to the trial court with instructions for the trial court to enter a new judgment of conviction that is consistent with this opinion.

NFP civil decisions today (0):

NFP criminal decisions today (1):

Jermaine Munn, Jr. v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on September 16, 2015 10:44 AM
Posted to Ind. App.Ct. Decisions