ILNews

Opinions Dec. 20, 2010

December 20, 2010
Keywords
Back to TopE-mailPrintBookmark and Share

The following opinions were posted after IL deadline Friday:
Indiana Supreme Court
Indiana High School Athletic Association v. Jasmine S. Watson
71S03-1002-CV-119
Civil. Reverses trial court finding that the Indiana High School Athletic Association’s decision that Watson transferred schools primarily for athletic reasons was arbitrary and capricious and granted her preliminary injunction to prevent the IHSAA from enforcing its decision. Finds the IHSAA’s decision wasn’t arbitrary and capricious. Justices Dickson and Rucker dissent.

Sheehan Construction Company, et al. v. Continental Casualty Company, et al.
49S02-1001-CV-32
Civil. Grants rehearing to address Indiana Insurance’s alternative argument that summary judgment should also be affirmed on grounds that Sheehan provided untimely notice of its claims. Affirms the trial court properly granted summary judgment in favor of Indiana Insurance on this point. Sheehan conceded it didn’t give timely notice of claims. Because prejudice to the insurer was therefore presumed, Indiana Insurance carried its initial burden of demonstrating it had no liability to Sheehan under the policy of insurance. Sheehan has not directed to the Supreme Court evidence it presented to the trial court rebutting the presumption of prejudice. Affirms all other respects of the original opinion.

Today’s opinions
Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Bruce R. Smith v. Morgan L. Smith
02A03-1005-DR-276
Domestic relation. Reverses division of marital property. The trial court abused its discretion by awarding Morgan more than 100 percent of the marital estate. Remands for a just and reasonable division of the marital estate not exceeding the net value of the estate.

Reginald D. West v. State of Indiana
45A03-1003-PC-213
Post conviction. Affirms denial of post-conviction relief. Affirms that West was afforded effective assistance of trial counsel when his attorney didn’t object to certain statements made by the deputy prosecutor in closing and rebuttal statements and when his attorney didn’t call certain alibi witnesses.

Term. of Parent-Child Rel. of I.L., et al.; A.L. & P.L. v. Allen County DCS (NFP)
02A03-1006-JT-319
Juvenile. Affirms termination of parental rights.

A.Q. v. Review Board, et al. (NFP)
93A02-1004-EX-405
Civil. Affirms decision by the review board not to reinstate A.Q.’s appeal from the determination he is ineligible for unemployment benefits.

Markisha Hill v. State of Indiana (NFP)
49A04-1005-CR-297
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Corey J. Smith v. State of Indiana (NFP)
45A05-1004-CR-221
Criminal. Affirms convictions of felony murder, two counts of Class A felony attempted murder, and two counts of Class B felony aggravated battery.

J.P. v. State of Indiana (NFP)
49A02-0910-JV-1050
Juvenile. Affirms true finding that J.P. is a delinquent child who committed Class C felony and Class B felony child molesting if committed by an adult.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court has granted three transfers and denied 17 for the week ending Dec. 17.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I will be filing a lawsuit in Tippecanoe County for so many violations in a case we became involved in, including failure to contact through mail, Violation of 4th Amendment rights, Violation of Civil Rights, and so on. Even the Indiana Ombudsmen Bureau found violations and I have now received the report and they are demanding further training in Tippecanoe County. I am going to make sure they follow through!!!

  2. ?????????? ???? ?????? ??? ?????? ???????! ??????? ??? ??? ?? ???????? ???? ?????? ????????? ??? ??????? ????? ??????? ? ????? ?? ??????, ?? ???????, ?? ???????, ?? ??????, ?? ???? ? ?? ????? ??????? ??? ????? ??????. ???? ???????? ????????????? ??? ??????? ?????? - ??? ?? ????? ?????? ????????. ???????? ????? ????? ???????, ?????????? ????????? ????????, ????????? >>>> ?????? ????? http://xurl.es/PR0DAWEZ

  3. I thought the purpose of the criminal justice center was to consolidate all the criminal services and get them out of downtown to clean up the place. Why in the HELL are the civil courts moving? What a burden to all the downtown law firms. Now we all get to work downtown, but then have to get in a car and COMMUTE to court? Who approved this idiocy?

  4. I drive through the neighborhood whenever I go to the City-County Building or the Federal Courthouse. The surrounding streets are all two way with only two lanes of traffic, and traffic is very slow during rush hour. I hope that enough money has been allocated to allow for improvement of the surrounding streets.

  5. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

ADVERTISEMENT