Opinions March 24, 2014

March 24, 2014
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Indiana Supreme Court
The following opinion was issued Friday after IL deadline.

State of Indiana v. I.T.
Juvenile. Affirms juvenile court’s dismissal of a delinquency petition against I.T. that had been filed on the sole basis of a polygraph examination taken while he was receiving treatment as a condition of probation for a delinquency adjudication for what would be Class B felony child molesting if committed by an adult. Finds that the limited immunity in the Juvenile Mental Health Statute, I.C. § 31-32-2-2.5, provides a safe harbor that prevents the state from using statements during court-ordered therapy as the sole basis for juvenile delinquency petitions.  Concludes the state may appeal a juvenile court order that suppresses evidence, if doing so terminates the proceeding.

Indiana Court of Appeals
Purdue University v. Michael A. Wartell
Civil plenary. Affirms trial court order ruling that Purdue University should be equitably estopped from invoking attorney-client privilege and the work-product doctrine to prevent a chancellor from obtaining a copy of a report by an independent investigator looking into his claims of harassment and discrimination against former university president France Cordova. Concludes that the attorney hired to investigate the allegations was not Purdue’s legal counsel but rather an independent investigator; therefore the trial court rulings were not an abuse of discretion.

David Sesay v. State of Indiana
Criminal. Reverses conviction of Class B misdemeanor public intoxication, holding that the state failed to prove Sesay engaged in any conduct beyond intoxication that endangered his life.

Albert J. Purcell v. Theresa M. Purcell (NFP)
Domestic. Affirms trial court issuance of a qualified domestic relations order distributing funds from a profit-sharing account owned by the parties before a divorce.

Beatriz Morales v. Housing Authority of South Bend and Attorney General of Indiana (NFP)
Small claims. Affirms trial court order of eviction in favor of the Housing Authority of South Bend.

Becky O'Neal v. Donald O'Neal (NFP)
Domestic. Affirms trial court’s denial of petition to modify parenting time.

The Indiana Supreme Court and Tax Court issued no opinions Monday before IL deadline. The 7th Circuit Court of Appeals issued no Indiana opinions before IL deadline.



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