ILNews

Opinions June 19, 2014

June 19, 2014
Keywords
Back to TopE-mailPrintBookmark and Share

7th Circuit Court of Appeals
Devon Groves v. United States of America
12-3253
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Civil. Affirms denial of Groves’ Section 2255 motion to vacate, set aside or correct his sentence of 240 months in prison for one count each of possession of a firearm by a felon and possession of ammunition by a felon. Finds Groves was provided with effective assistance of counsel.

Indiana Court of Appeals
Thomson Inc. n/k/a Technicolor USA, Inc. v. Insurance Company of North America n/k/a Century Indemnity Company, et al., and XL Insurance America, et al.
49A05-1109-PL-470
Civil plenary. Denies XL’s request to dismiss this appeal; affirms the Duty to Defend Order as finalized by the Allocation Order and the Defense Cost Orders, the trial court’s finding of two “occurrences” under the XL and Century policies and the ruling that Thomson must satisfy the deductible for each occurrence for XL’s 2000, 2001, and 2002 primary policies. Reverses and remands with instructions to apply the self-insured
retentions in XL’s 2003, 2004 and 2005 primary policies. Reverses the trial court’s ruling that the “personal injury” provisions in XL’s 2000 primary policy are inapplicable. Affirms the trial court’s application of a “continuous trigger” to XL’s policies but reverses and remands with instructions to use when the disease became reasonably capable of medical diagnosis as the trigger’s manifestation point. Reverses the trial court’s use of an “all sums” allocation method for XL’s and Century’s policies and remands with instructions to use an appropriate pro rata allocation method. Affirms the trial court’s ruling that TCETVT and Thomson SA are insureds under XL’s primary and umbrella policies. Affirms the trial court’s ruling regarding the reasonableness and necessity of Thomson’s defense costs as to XL and the trial court’s award of prejudgment interest on the defense costs as to XL. Chief Judge Vaidik concurs in part and dissents in part.

State of Indiana v. Randall Scott Stiverson (NFP)
76A03-1311-CR-421
Criminal. Reverses grant of Stiverson’s motion to dismiss charges of Class D felony operating a vehicle while intoxicated causing serious bodily injury and Class A misdemeanor operating a vehicle while intoxicated in a manner that endangered a person. Remands for further proceedings.

Raven N. Young v. State of Indiana (NFP)
62A01-1401-CR-29
Criminal. Affirms revocation of placement in community corrections day reporting program and order Young serve her suspended sentence in the Department of Correction.

Clifford J. Elswick v. State of Indiana (NFP)
20A05-1311-CR-553
Criminal. Affirms denial of motion to correct erroneous sentence.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  2. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  3. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  4. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

  5. No, Ron Drake is not running against incumbent Larry Bucshon. That’s totally wrong; and destructively misleading to say anything like that. All political candidates, including me in the 8th district, are facing voters, not incumbents. You should not firewall away any of voters’ options. We need them all now more than ever. Right? Y’all have for decades given the Ds and Rs free 24/7/365 coverage of taxpayer-supported promotion at the expense of all alternatives. That’s plenty of head-start, money-in-the-pocket advantage for parties and people that don’t need any more free immunities, powers, privileges and money denied all others. Now it’s time to play fair and let voters know that there are, in fact, options. Much, much better, and not-corrupt options. Liberty or Bust! Andy Horning Libertarian for IN08 USA House of Representatives Freedom, Indiana

ADVERTISEMENT