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
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)
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)
Criminal. Affirms denial of motion to correct erroneous sentence.

Darrell Hall v. State of Indiana (NFP)
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)
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)
Mortgage foreclosure. Reverses order granting German American Bancorp’s motion to sell real estate. Remands for further proceedings.


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  1. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

  2. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

  3. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

  4. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon

  5. So men who think they are girls at heart can use the lady's potty? Usually the longer line is for the women's loo, so, the ladies may be the ones to experience temporary gender dysphoria, who knows? Is it ok to joke about his or is that hate? I may need a brainwash too, hey! I may just object to my own comment, later, if I get myself properly "oriented"