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Justices accept 3 cases, including environmental suit

April 2, 2013

The Indiana Supreme Court agreed last week to take three cases – an environmental damages lawsuit, an insurance dispute and a woman’s challenge to her drug charges.

The justices released their transfer list Monday, which included 21 denials for transfer. They did accept:

•    James T. Mitchell v. 10th and the Bypass, LLC, and Elway, Inc., 53S01-1303-PL-222, in which James Mitchell lost his appeal of a ruling in Monroe Circuit Court that found he had caused environmental damage while running a dry cleaning business on the same site of 10th and The Bypass LLC. The LLC sued Mitchell, and the trial court initially granted his request for partial summary judgment. It was later vacated after the LLC presented evidence from a former employee of Mitchell’s who testified to chemical spills. The Indiana Court of Appeals upheld their ruling on rehearing in December.

•    Howard Justice v. American Family Mutual Insurance Co., 49S02-1303-PL-221, in which the Court of Appeals reversed the trial court’s grant of summary judgment in favor of American Family Mutual Insurance Co. in a dispute over whether it should pay Howard Justice’s claim for underinsured motorist coverage.

•    Danielle Kelly v. State of Indiana, 30S01-1303-CR-220, in which the Court of Appeals twice upheld the denial of Danielle Kelly’s motion to suppress evidence found after the vehicle she was riding in was stopped and searched by police. She claimed on interlocutory appeal that the search violated the federal and state constitutions, as well as that statements she made to police should be suppressed. The COA granted Kelly’s petition for rehearing, but again affirmed the denial to suppress evidence.  Both decisions by the appeals court were in not-for-publication decisions.

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