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Opinions March 6, 2013

March 6, 2013
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The following Indiana Supreme Court opinion was posted after IL deadline Tuesday:
Kimberly Heaton v. State of Indiana
48S02-1206-CR-350
Criminal. Holds the statutorily mandated preponderance of the evidence standard is the correct legal standard to be applied in a probation revocation proceeding where the state claims that the probationer committed a new criminal offense while on probation. Vacates finding Heaton violated her probation and orders a new determination of whether she violated the conditions of her probation by a preponderance of the evidence pursuant to I.C. 35-38-2-3(e) (2008), and if so, what is the appropriate sanction for such violation.

Wednesday’s opinions
Indiana Supreme Court

Holiday Hospitality Franchising, Inc. v. Amco Insurance Company
33S01-1206-CT-312
Civil tort. Affirms summary judgment for Amco Insurance Co. on its motion for declaratory judgment to enforce its reading of the insurance contract with the hotel disclaiming coverage for, and its duty to defend against, a civil complaint brought by a motel guest molested by an off-duty motel employee. The facts of the case reflect precisely the sort of scenario contemplated by the parties to be excluded from coverage when they agreed to the insurance contract. Chief Justice Dickson concurs and Justice Rucker dissents.

Indiana Court of Appeals
Alva Electric, Inc., Arc Construction Co., Inc., Danco Construction, Inc., Deig Brothers Lumber & Construction Co., Inc., et al. v. Evansville Vanderburgh School Corp., and EVSC Foundation, Inc.
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2013/march/03061301jsk.pdf
82A01-1201-PL-2
Civil plenary. Reverses summary judgment in favor of the school corporation and the foundation on the contractors’ suit for declaratory judgment and injunctive relief, claiming the school corporation’s renovation of an administrative building should have been subject to the competitive bidding procedures required for a public work project under Indiana Code 36-1-12-4 and that the actions taken to accomplish the renovation constituted an antitrust violation under Indiana Code 24-1-2-3. The scheme used by the school corporation has not been authorized by the General Assembly and violates public bidding laws. Judge Friedlander dissents.

The First Baptist Church of Hammond v. Felipe Andrade, a minor, by his mother and custodial parent, Manuela Andrade (NFP)
45A05-1207-CT-354
Civil tort. Affirms jury verdict in favor of Felipe Andrade on his lawsuit after he was injured at an activity hosted by the church, the finding he was 45 percent at fault for his injuries, and reduction of his recovery accordingly.

Damion Martin v. State of Indiana (NFP)

49A02-1206-CR-473
Criminal. Affirms convictions of two counts of murder, one count of Class B felony aggravated battery, and three counts of Class C felony battery.

Brian Rinearson v. State of Indiana (NFP)

34A02-1209-CR-715
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license and sentence of 365 days incarceration, all suspended.

City of Muncie v. Stanley Benford (NFP)

18A02-1207-CR-549
Criminal. Affirms order setting aside an earlier order dismissing a forfeiture claim brought by the city against Stanley Benford.

Leonard Beaty v. State of Indiana (NFP)
71A04-1107-CR-384
Criminal. Affirms three convictions of Class A felony child molesting.

In the Matter of: B.G., a Child in Need of Services; B.T. v. Indiana Department of Child Services (NFP)
49A02-1208-JC-642
Juvenile. Affirms adjudication of B.G. as a child in need of services.

Calvin Horton v. State of Indiana (NFP)

49A05-1207-CR-371
Criminal. Affirms revocation of placement in community corrections and order that Horton serve remainder of his sentence at the Department of Correction.

Christopher Groce and Tracey Groce v. American Family Insurance Company and Michael A. Meek (NFP)
48A02-1208-CT-703
Civil tort. Affirms summary judgment for American Family and Meek after the Groces filed a complaint for damages against them alleging negligence and breach of contract.

The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  1. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  2. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  3. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

  4. I would like to discuss a commercial litigation case. If you handle such cases, respond for more details.

  5. Great analysis, Elizabeth. Thank you for demonstrating that abortion leads, in logic and acceptance of practice, directly to infanticide. Women of the world unite, you have only your offspring to lose!

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