Indiana Supreme Court
Richard
Patrick Wilson and Billy Don Wilson v. Gene Isaacs, Sheriff of Cass County, and Brad Craven
09S05-1003-CV-149
Civil. Reverses grant of summary judgment as to the plaintiffs’ liability claims against the sheriff for the conduct
of Deputy Brad Craven. Affirms summary judgment for claims against Craven personally. Holds that a law enforcement officer's
use of force in excess of the reasonable force authorized by statute is not shielded from liability under the "enforcement
of a law" immunity provided in Indiana Code § 34-13-3-3(8) and that genuine issues of fact exist, precluding summary
judgment. Chief Justice Shepard dissents without opinion.
Indiana Court of Appeals
Julianne
E. Tamasy v. Peter S. Kovacs
49A05-0910-CV-563
Civil. Affirms order granting physical custody of the parties’ children to Kovacs. The trial court did not abuse its
discretion in denying Tamasy’s request to transfer the custody proceedings to Massachusetts, in excluding certain testimony
at trial, in modifying the previous custody order, and in issuing a July 23, 2009, order regarding Tamasy’s emergency
motion to compel parenting time.
Indianapolis-Marion
Co. Public Library v. Thornton Thomasetti Engineers, et al.
6A05-0906-CV-327
Civil. Affirms summary judgment in favor of Thorton Thomasetti Engineers on the common law indemnity cross-claim and contractual
indemnity cross-claim. Declines library’s invitation to adopt the doctrine of implied contractual indemnity. Reverses
summary judgment for TTE on the cross-claim for breach of professional standard of care. It is up a jury to decide whether
TTE committed a breach of damages to which WMP may be entitled. Remands for further proceedings on this cross-claim.
American
Family Insurance v. Beazer Homes, et al.
49A02-0912-CV-1292
Civil. Reverses dismissal of American Family Insurance’s claim for failure to prosecute against Beazer Homes and other
defendants. The trial court abused its discretion in dismissing the claim under Indiana Trial Rule 41(E). The record does
not reveal a history of an egregious pattern of deliberate delay on the part of American Family or that American Family defied
any court orders. Remands with instructions to reinstate the cause of action.
Elmer
D. Baker, v. State of Indiana
17A04-0905-CR-299
Criminal. Grants rehearing to clarify holding on the issue of the amendment of the charging information but affirms original
opinion affirming convictions of two counts of Class A felony child molesting and one count of Class C felony child molesting.
Clarifies holding to state that the applicable deadline for amending the information is not “before the commencement
of the trial” that ended in a mistrial; rather, it is “before the commencement of the trial” that was held
on the amended charges, and the one from which Baker filed his appeal.
Eliud
Anthony Delgado v. State of Indiana (NFP)
29A02-0911-CR-1142
Criminal. Affirms revocation of placement in community corrections.
Travis
Halveland v. State of Indiana (NFP)
89A04-1002-CR-111
Criminal. Affirms sentence following guilty plea to Class D felony theft.
Stardust Development, LLC v. City of Bloomington (NFP)
53A04-0908-CV-487
Civil. Reverses small claims judgment in favor of Bloomington in Stardust Development’s action to recover costs of
a tree branch removal. Remands with instructions.
Martin Serrano v. State of Indiana and the City of Fort Wayne (NFP)
02A03-0908-CV-362
Civil. Reverses judgment in favor of the state and City of Fort Wayne ordering the forfeiture of Serrano’s truck, which
was seized after a traffic stop.
Maurice
Hairston v. State of Indiana (NFP)
02A03-1003-CR-137
Criminal. Affirms convictions of burglary as a Class B felony, receiving stolen property as a Class D felony, and adjudication
as a habitual offender.
Jason D. Arbuckle v. State of Indiana (NFP)
72A01-0912-CR-618
Criminal. Affirms conviction of Class A felony dealing in methamphetamine.
Term.
of Parent-Child Rel. of T.L.; H.L. v. IDCS (NFP)
02A03-1002-JT-100
Juvenile. Affirms involuntary termination of parental rights.
Indiana Tax Court had posted no opinions at IL deadline.
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Never heard of remand to another state. How often does that happen?
I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.