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Opinions Aug. 17, 2012

August 17, 2012
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7th Circuit Court of Appeals
Amerisure Insurance Co. v. National Surety Corp. v. Scottsdale Insurance Co.
11-2762, 11-2771
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms breakdown that Amerisure, Scottsdale, and National are liable for $1 million, $1 million and $900,000, respectively, of the $2.9 million settlement a steel worker won after injuring himself on the job. Declines to apply the ‘mend-the-hold’ doctrine in this case, and Amerisure and National were not prejudiced by Scottsdale’s litigation conduct.

Indiana Supreme Court and Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals

Bryan J. Fields v. State of Indiana
20A04-1202-CR-57
Criminal. Affirms trial court denial of Fields’ request to reduce his Class D felony conviction of operating a vehicle while intoxicated to a Class A misdemeanor. In light of Brunner v. State and the plain language used by the Legislature, I.C. 35-38-1-17 does not grant the trial court the authority to reduce a felony conviction to a misdemeanor.  

John Willis v. State of Indiana (NFP)
49A04-1112-CR-654
Criminal. Affirms trial court decision to not inform jury about Willis’ mental health issues to explain his behavior during voir dire.
 
Ronald Williams v. State of Indiana (NFP)
49A05-1110-CR-616
Criminal. Affirms denial of motion to correct erroneous sentence.

Darrell Hall v. State of Indiana (NFP)
49A02-1201-CR-5
Criminal. Remands for correction of the abstract of judgment to reflect that Hall was convicted of Class B misdemeanor battery.

Steven C. Lane v. Brandy D. Rosenquist and Hermann Ventures, LLC d/b/a Seasons Homecare (NFP)
43A03-1111-CT-534
Civil tort. Affirms denial of motion to correct error and exclusion of evidence regarding health insurance.

Mark Van Eaton and Cynthia Van Eaton Vallimont v. German American Bancorp (NFP)
42A01-1111-MF-535
Mortgage foreclosure. Reverses order granting German American Bancorp’s motion to sell real estate. Remands for further proceedings.
 

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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