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Opinions Dec. 17, 2013

December 17, 2013
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Indiana Supreme Court
Indiana Gas Company, Inc. and Southern Indiana Gas and Electric Company, et al v. Indiana Finance Authority and Indiana Gasification, LLC
93S02-1306-EX-407
Agency action. Affirms the Indiana Utility Regulatory Commission’s approval of a contract between Indiana Finance Authority and Indiana Gasification, LLC that obligates the state to purchase synthetic natural gas that would be produced at a coal-gasification plant in Rockport. A divided panel of the Court of Appeals had invalidated the contract, but justices agreed that the IURC’s decision should be affirmed because the parties modified the disputed portion of the contract.

Indiana Court of Appeals
Indiana High School Athletic Association, Inc. v. Gregory S. Schafer and Shane Schafer b/n/f Gregory S. Schafer
37A03-1303-CP-86
Civil plenary. Affirms award of more than $86,000 in fees to the Schafers for IHSAA’s unreasonable conduct in pursuing litigation after courts repeatedly called rules it sought to enforce to declare Schafer ineligible arbitrary and capricious. The trial court was within its discretion to hold IHSAA’s conduct unreasonable and consider multiple rulings against IHSAA in reaching the decision to impose fees.

Jason Young v. Hood's Gardens, Inc.
29A02-1303-PL-298
Civil plenary. Affirms summary judgment in favor of Hood’s that it was not secondarily liable for payment of workers’ compensation benefits to Young. Judge James Kirsch dissents, arguing Hood’s did not establish that the value of services provided by Young’s boss did not exceed $1,000.

Indiana Restorative Dentistry, P.C. v. The Laven Insurance Agency, Inc., and Proassurance Indemnity Company, Inc. f/k/a The Medical Assurance Company, Inc.
49A05-1212-PL-627
Civil plenary. Reverses grant of summary judgment in favor of Laven and Proassurance, holding that Laven had a special duty to procure full coverage based on its past dealings with IRD. Remands to the trial court to enter summary judgment to IRD with respect to Laven’s duty to advise and procure, and remands for proceedings regarding Proassurance’s vicarious liability.

Christopher D. Bunch v. State of Indiana (NFP)
79A02-1303-CR-227
Criminal. Affirms Bunch’s 80-year executed sentence for pleading guilty to five counts of child molesting, each as a Class A felony.

In the Matter of the Commitment of T.G. (NFP)
19A05-1306-MH-303
Mental health. Affirms regular mental health commitment order.

Kelly S. Craig v. State of Indiana (NFP)
63A05-1209-PC-494
Post conviction. Affirms denial of Craig’s petition for post-conviction relief.

Carl E. Ascherman v. State of Indiana (NFP)
15A01-1305-CR-237
Criminal. Affirms Ascherman’s 20-year executed sentence following a conviction for one count of attempted child molesting, a Class B felony, and two counts of contributing to the delinquency of a minor, Class A misdemeanors.

Ayanna Earls v. State of Indiana (NFP)
49A02-1304-CR-364
Criminal. Affirms conviction for battery, a Class A misdemeanor.

Christopher Turner v. State of Indiana (NFP)
49A04-1304-PC-168
Post conviction. Affirms denial of Turner’s petition for post-conviction relief.

Donald L. Deputy v. Connie S. Deputy (NFP)
30A04-1303-DR-108
Domestic relation. Affirms order that father pay for son’s college room and board. Reverses order that father maintain health insurance and health care costs on children and remands for the order to be amended that the duty to maintain health care coverage is contingent upon his children remaining enrolled in a post-secondary educational institution. Judge Elaine Brown concurs in part and dissents in part.  

Adam S. Fiers v. State of Indiana (NFP)
85A04-1306-CR-320
Criminal. Affirms revocation of Fiers’ probation and sentencing him to serve six months on work release for failing to meet the financial obligations of his probation.

The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.

 

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  1. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

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