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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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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