Opinions

Opinions April 17, 2015

April 17, 2015
Indiana Court of Appeals
Angelique Lockett and Lanetra Lockett v. Planned Parenthood of Indiana, Inc., and Cathy McGee
45A05-1407-CT-340
Civil tort. Affirms summary judgment in favor of Planned Parenthood on a malpractice claim, but remands to the trial court to correct the order of judgment for defendants to show that McGee, who provided identification to a 17-year-old to obtain an abortion without parental consent, is not dismissed as a defendant.
More

Opinions April 16, 2015

April 16, 2015
Indiana Court of Appeals
James Satterfield v. State of Indiana
49A02-1409-CR-659
Criminal. Reverses denial of motion to let bail following Satterfield’s arrest and charge for murder. Although Statterfield forfeited his right to appeal by not filing the notice of appeal within 30 days of the trial court order, the COA concluded his appeal deserves a determination on the merits. Remands for new hearing so Satterfield can present evidence of self-defense.
More

Opinions April 15, 2015

April 15, 2015
Joseph E. Corcoran v. Ron Neal, superintendent
13-1318
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Jon E. DeGuilio.
Civil. Affirms denial of writ for federal habeas relief from death penalty. The Indiana Supreme Court held that the trial judge did not rely on nonstatutory aggravating factors, and that determination was not unreasonable. The Supreme Court also reasonably determined that the trial judge considered all proffered evidence in mitigation.
More

Opinions April 14, 2015

April 14, 2015
Indiana Court of Appeals
Think Tank Software Development Corp., d/b/a Think Tank Networking Tech. Group and Think Tank Info. Systems v. Chester, Inc., Mike Heinhold, John Mario, Joel Parker, Thomas Guelinas, et al.
64A03-1404-PL-134
Civil plenary. Affirms directed verdict in favor of Chester Inc. and other defendants on Think Tank’s claim for misappropriation of trade secrets. Also finds the trial court correctly determined that Think Tank’s non-solicitation claim was barred.
More

Opinions April 13, 2015

April 13, 2015
Indiana Court of Appeals
Israel Munoz v. Jerome Woroszylo
79A02-1409-CT-679
Civil tort. Affirms denial of Munoz’s motion to dismiss Woroszylo’s lawsuit stemming from a car accident filed in Tippecanoe County after the case was dismissed from Illinois federal court for lack of personal jurisdiction. There is no intent that Worosyzlo filed his suit in Illinois with intent to abuse judicial process or create undue delay and his decision to file in Indiana state court is allowed under the Journey’s Account Statute.
More

Opinions April 10, 2015

April 10, 2015
Indiana Tax Court
ESPN Productions, Inc. v. Indiana Department of State Revenue
49T10-1312-TA-76
Tax. Grants in part and denies in part ESPN’s request to place certain documents within the judicial record under seal. Holds that the tax returns, production services agreement, and cable television license agreements submitted by the company as designated evidence in support of its motion for summary judgment are protected from public disclosure under both Access to Public Records Act and Administrative Rule 9(G)(2). That protection does not extend to ESPN’s supplement to protest.
More

Opinions April 9, 2015

April 9, 2015
Indiana Supreme Court
Cohen & Malad, LLP v. John P. Daly, Jr., Golitko & Daly, P.C., and Golitko Legal Group, P.C.
29S02-1504-PL-165
Civil plenary. Reverses denial of quantum meruit relief to Cohen & Malad for part of the contingent fees earned in cases that where first handled by C&M attorneys and later by Daly and his firm after he left C&M.
More

Opinions April 8, 2015

April 8, 2015
7th Circuit Court of Appeals
United States of America v. Mark Bozovich
14-1435
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Rudy Lozano.
Criminal. Affirms conviction of conspiracy to distribute heroin and 235-month prison sentence. The District judge made a clear credibility finding and otherwise carefully scrutinized the drug quantity evidence. Finds that by testifying on direct about his heroin purchasing habits and motives for his purchases, Bozovich opened himself up for cross-examination as to those topics.
More

Opinions April 7, 2015

April 7, 2015
Indiana Court of Appeals
Glenn Sciaraffa v. State of Indiana
09A04-1410-CR-470
Criminal. Affirms conviction for dealing in methamphetamine, a Class B felony; maintaining a common nuisance, a Class D felony; possession of paraphernalia, a Class A misdemeanor; and an adjudication as a habitual substance offender. Finds no fundamental error occurred during the admission of presumptive positive test and rules the state’s closing arguments fell within the bounds of prosecutorial advocacy. Also holds the state presented sufficient evidence beyond a reasonable doubt to sustain Sciaraffa’s conviction for dealing in methamphetamine.
More

Opinions April 6, 2015

April 6, 2015
Indiana Court of Appeals
Demetrius L. Grant, and Vickie O. Grant v. The Bank of New York Mellon Trust Co.
49A05-1404-MF-139
Mortgage foreclosure. Reverses and remands a grant of summary judgment in favor of Bank of New York Mellon Trust Co., and remands with instructions to dismiss the case. By refiling a suit that had been dismissed under Trial Rule 41(E) for failing to prosecute, the bank violated the rule and the doctrine of res judicata, since dismissal under T.R. 41(E), unless otherwise specified, operates as a judgment on the merits and dismissal with prejudice. 
More

Opinions April 2, 2015

April 2, 2015
Indiana Court of Appeals
Nicholas A. Rushlow v. State of Indiana (mem. dec.)
20A03-1408-CR-310
Criminal. Affirms convictions and sentence for Class A felony attempted murder and Class C felony criminal recklessness.
More

Opinions April 1, 2015

April 1, 2015
United States of America v. Christian J. Miller, Frank Jordan, and Joshua N. Bowser
14-1237, 14-1585, and 14-1592
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Criminal. Affirms judgments against defendants for various criminal charges, including wire fraud, racketeering, and conspiracy to distribute cocaine. Bowser’s case is remanded for further consideration of the term of his supervised release authorizing suspicionless searches.
More

Opinions March 31, 2015

March 31, 2015
Indiana Court of Appeals
Berthal O. Williams and Patricia Williams v. The Indiana Rail Road Company
77A04-1311-CC-580
Civil collection. Reverses summary judgment in favor of the Indiana Rail Road Company on the Williamses’ attempt to enforce a 1901 indenture regarding a dam on their property. Concludes the indenture was a covenant running with the land, that the terms set forth in the indenture required IRR to maintain the dam and the water level at a specific depth, and that it contained a covenant, perpetual in nature, that did not cease upon a prior breach. Remands for further proceedings.
More

Opinions March 30, 2015

March 30, 2015
Indiana Court of Appeals
In re: Indiana State Fair Litigation: Polet, et al. v. Mid-America Sound, et. al.
49A02-1404-CT-288
Civil tort. Majority reverses trial court order granting summary judgment in favor of the Indiana State Fair Commission on Mid-America Sound’s claim that its contract requires the commission to indemnify it against claims from the 2011 State Fair stage collapse that killed and injured patrons. The majority held the Indiana Tort Claims Act does not apply and there are genuine issues of material fact regarding the validity and enforceability of the indemnification agreement. Remands for trial. Chief Judge Nancy Vaidik dissented and would find the commission has immunity from Mid-America’s claims and that the Tort Claims Act applies.
More

Opinions March 27, 2015

March 27, 2015
Indiana Court of Appeals
Jimmy Wallen, Jr. v. State of Indiana

79A02-1407-CR-469
Criminal. Affirms conviction of theft, a Class D felony. Splits over question of whether jury instruction invaded the role of the jury by presuming the state had established Wallen knowingly intended to deprive Walmart of its property. Finds jury instruction error harmless because the jury could have concluded from the evidence alone that Wallen had shoplifted.
More

Opinions March 26, 2015

March 26, 2015
Indiana Supreme Court
First American Title Insurance Company v. Stephen W. Robertson, Insurance Commissioner of the State of Ind., in his Official Capacity, on Behalf of the Ind. Dept. of Insurance
49S04-1311-PL-732
Civil plenary. Grants rehearing to delete the first clause in third footnote. Agreed its reversal of the denial to dismiss First American’s petition appears to be inconsistent with its affirming the concerns about the timeliness of the commissioner of the Indiana Department of Insurance’s hearing order and First American’s failure to exhaust administrative remedies.

 
More

Opinions March 25, 2015

March 25, 2015
Indiana Supreme Court
Dustin E. McCowan v. State of Indiana
64S03-1408-CR-516
Criminal. Affirms murder conviction, finding that a proposed jury instruction rejected by the judge regarding presumption of innocence had been sufficiently covered by other jury instructions and proceedings. States that prospectively, it is the absolute right of every criminal defendant to receive the following jury instruction, if requested: “The presumption of innocence continues in favor of the defendant throughout the trial. You should fit the evidence to the presumption that the defendant is innocent if you can reasonably do so.”
More

Opinions March 24, 2015

March 24, 2015
Indiana Supreme Court
Drakkar R. Willis v. State of Indiana
49S02-1410-CR-617
Criminal. Reverses conviction of Class A misdemeanor criminal trespass, finding the evidence insufficient to sustain the conviction.
More

Opinions March 23, 2015

March 23, 2015
Indiana Court of Appeals
Jerome Seward v. State of Indiana (mem. dec.)
49A02-1408-CR-567
Criminal. Affirms conviction of felony murder but vacates the convictions and sentences for  reckless homicide and battery, which placed him in double jeopardy. The aggregate 62-year sentence remains because sentences for the vacated offenses were to be served concurrently.
More

Opinions March 20, 2015

March 20, 2015
Indiana Supreme Court
In the Matter of Dennis Alan Howell
94S00-1405-CQ-321
Certified question from the United States Bankruptcy Court for the Northern District of Indiana. Determines that spouses and children need not be the debtor’s dependents for policy exemptions to apply in life insurance policies involved in a bankruptcy estate.
More

Opinions March 19, 2015

March 19, 2015
Indiana Court of Appeals
Indiana Alcohol and Tobacco Commission v. Lebamoff Enterprises, Inc.
49A02-1408-MI-529
Miscellaneous. Reinstates and affirms the ATC’s final order sanctioning Lebamoff Enterprises for using a common carrier to deliver alcohol to customers. ATC’s interpretation of the relevant statutory authority was reasonable and its order did not reflect an improper attempt to create an agency rule, but rather was a proper exercise of the ATC’s adjudicatory function. Remands with instructions.
More

Opinions March 18, 2015

March 18, 2015
Indiana Supreme Court
Ball State University v. Jennifer Irons; In Re the Marriage of: Jennifer Irons and Scott Irons
45S03-1503-DR-134
Domestic relation. Reverses trial court’s order granting mother’s motion to join supplemental defendant, Ball State, and order release of transcript. Mother has not carried her burden in demonstrating that Ball State was a necessary party under Trial Rule 19. Remands with instructions to enter an appropriate order dismissing Ball State from this action.
More

Opinions March 17, 2015

March 17, 2015
Indiana Tax Court
Blue Chip Casino, LLC v. LaPorte County Treasurer, and LaPorte County Convention & Visitors Bureau
49T10-1008-TA-37
Tax. Dismisses the casino’s appeal of the LaPorte County treasurer’s failure to respond to its request for a refund of innkeeper’s tax that it paid to the treasurer between January 2007 and August 2009 for lack of subject matter jurisdiction. All pending motions are hereby deemed moot.
More

Opinions March 16, 2015

March 16, 2015
Indiana Court of Appeals
Redevelopment Commission of the Town of Munster, Indiana v. Indiana State Board of Accounts and Paul D. Joyce, State Examiner of State Board of Accounts
45A04-1408-PL-404
Civil plenary. Affirms summary judgment in favor of the state Board of Accounts. Holds the commission had standing to bring its declaratory judgment and the trial court did not err in determining that Indiana statute does not permit the use of TIF funds for the continued maintenance of completed redevelopment projects.
More

Opinions March 13, 2015

March 13, 2015
7th Circuit Court of Appeals
United States of America v. Jackie H. Richardson
14-1901
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Criminal. Affirms denial of motion to dismiss the federal prosecution against Richardson. Holds that Richardson’s speedy trial right under the Sixth Amendment was not violated. Judge Hamilton concurs in separate opinion.
More
Page  << 1 2 3 4 5 6 7 8 9 10 >> pager
Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

ADVERTISEMENT