ILNews

Opinions August 27, 2013

August 27, 2013
Keywords
Back to TopE-mailPrintBookmark and Share

Opinions, Aug. 27, 2013

Indiana Supreme Court
John W. Schoettmer & Karen Schoettmer v. Jolene C. Wright & South Central Community Action Program, Inc.
49S04-1210-CT-607
Civil Tort. Reverses grant of summary judgment in defendants favor and remands for further proceedings. Rules even though the Schoettmers filed their law suit against South Central well past the Indiana Tort Claims Act’s 180-day deadline, they should be allowed to present proof of estoppel to the trial court. Finds South Central never told John Schoettmer it was covered by the Act and that South Central’s insurer did not make a settlement offer until nearly three months after the ITCA deadline.

Indiana Court of Appeals
Alec Lucas v. State of Indiana
49A02-1301-CR-51
Criminal. Reverses and remands denial of a request to restrict access to arrest records for charges that were dropped as a result of a guilty plea to other charges relating to the same incident. The panel held that I.C. 35-38-5-5.5 is intended to apply to any dismissed charge and not just in cases where all charges have been dismissed.

Consolidated Insurance Company v. National Water Services, LLC.
59A05-1212-PL-632
Civil plenary. On interlocutory appeal, reverses denial of motion for judgment on the pleadings in favor of Consolidated Insurance Co., and remands with instructions to enter judgment for CIC. Because National Water Services settled with a former employee, it violated the subrogation clause of a CIC employee dishonesty policy under which the employee was covered, thereby releasing the insurer.

In the Matter of the Termination of the Parent-Child Relationship of: A.S.(Minor Child), and B.R.(Mother) v. The Indiana Department of Child Services (NFP)
46A04-1302-JT-58
Juvenile. Affirms termination of B.R.’s (mother) parental rights to her minor child, A.S. Finds the trial court did not abuse its discretion when it denied mother’s motion for a continuance.  

Gregory Eve v. State of Indiana (NFP)
49A05-1301-CR-31
Criminal. Affirms conviction and sentence for rape, a Class B felony.

The Indiana Tax Court issued no opinions by IL deadline Tuesday.
U.S. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Tuesday.

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

ADVERTISEMENT