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Opinions April 4, 2011

April 4, 2011
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7th Circuit Court of Appeals
United States of America v. Billy L. Hicks
09-3608
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Criminal. Vacates conviction of knowingly distributing more than 50 grams of crack cocaine. The District Court improperly allowed evidence of Hicks' prior drug convictions in violation of Federal Rule of Evidence 404(b). Remands for a new trial.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Meridian Title Corporation v. Gainer Group, LLC
46A03-1006-PL-312
Civil plenary. Reverses denial of Meridian Title Corp.’s motion for summary judgment in Gainer Group's suit based upon Meridian’s alleged failure to properly handle Gainer Group's claim, seeking to recover the litigation expenses and attorney fees it incurred prior to Lawyers Title’s acceptance of its claim. Meridian had an extended duty to advise Gainer Group regarding coverage, and it fulfilled that duty.

Robert Arnold v. State of Indiana (NFP)
49A04-1008-CR-510
Criminal. Affirms convictions of two counts of Class A felony child molesting.

Michael L. Spencer v. State of Indiana (NFP)
35A04-1009-CR-601
Criminal. Affirms convictions of two counts of Class A felony dealing in a schedule I, II, or III controlled substance.

Edwin Blinn, Jr. v. Robert Hammerle and Hammerle & Cleary (NFP)
49A02-1006-CT-634
Civil tort. Affirms summary judgment in favor of Hammerle on Blinn’s claims of malpractice and unjust enrichment. Judge May dissents.

Athena Jackson v. State of Indiana (NFP)
49A02-1006-CR-767
Criminal. Affirms conviction of Class D felony theft.

Term. of Parent-Child Rel. of B.F., et al.; E.C.F. v. I.D.C.S. (NFP)

71A03-1008-JT-608
Juvenile. Affirms termination of parental rights.

Elkhart General Hospital v. Doris Williams (NFP)
20A05-1007-CT-467
Civil tort. Affirms order denying Elkhart General Hospital’s motion to correct error after a jury trial resulted in a verdict in favor of Williams, individually and as the administratrix of the estate of Ben Williams Sr.

Larry E. Webb Construction, et al. v. Theresa Burns (NFP)
45A04-1011-PL-685
Civil plenary. Reverses summary judgment in favor of Burns’ claim under the Indiana Wage Payment Act and awarding her nearly $7,000 in damages. Remands with instructions to enter an order granting summary judgment in favor of Eclipse and proceed to trial regarding the claims against Webb Construction and, following trial, recalculate the amount of attorney fees, if any, to which Burns is entitled.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court granted one transfer and denied 16 for the week ending April 1.
 

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  1. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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