Opinions Nov. 1, 2011

November 1, 2011
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7th Circuit Court of Appeals
Rose Acre Farms Inc. v. Columbia Casualty Co. and National Fire Insurance Co. of Hartford
U.S. District Court, Southern District of Indiana, New Albany Division, Judge Sarah Evans Barker.
Civil. Affirms summary judgment for the insurers on whether they have to defend Rose Acre Farms in the antitrust complaint. The suit for which Rose Acre wants a defense makes no claim that the policy could be thought to cover.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Kenny D. Lee v. State of Indiana
Criminal. Reverses conviction of Class A felony possession of cocaine. The portion of the warrant allowing for the search of all vehicles is invalid because of vague language, so all evidence seized pursuant to the invalid language – in this case, Lee’s statements to police after a traffic stop – must be suppressed. The evidence also doesn’t support that Lee knew of the cocaine and had the ability to control it.

P.M.T., Inc. v. Review Board of the Indiana Dept. of Workforce Development and L.A.
Agency appeal. Affirms award of unemployment insurance benefits to L.A. Employer P.M.T.’s attendance policy was unreasonable because it didn’t provide exemptions for verified emergencies nor did it protect employees. L.A.’s absences were the results of circumstances beyond her control.

Term. of Parent-Child Rel. of A.D., A.W.D., A.M.D., and A.L.D.; M.A.P. v. Indiana Dept. of Child Services (NFP)
Juvenile. Affirms termination of parental rights.

Nexus D. Turner v. State of Indiana (NFP)
Criminal. Affirms three-year sentence for Class C felony robbery.

Robert D. Brown v. State of Indiana (NFP)
Criminal. Affirms conviction of and sentence for Class B felony attempted dealing in methamphetamine. Remands for vacation of Class D felony possession of methamphetamine conviction because it was merged without being vacated.

Michael A. Maxie v. State of Indiana (NFP)
Criminal. Affirms conviction of and sentence for battery on a pregnant woman as a Class C felony and Class A misdemeanor interference with reporting a crime.

Ivernon D. Wiseman, Jr. v. State of Indiana (NFP)
Criminal. Affirms 16-year and eight-month sentence for Class C felony criminal confinement, Class D felony residential entry and Wiseman’s habitual offender status.

Indiana Tax Court had posted no opinions at IL deadline.


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