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Opinions Oct. 23, 2012

October 23, 2012
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7th Circuit Court of Appeals
Planned Parenthood of Indiana, Inc., et al., v. Commissioner of the Indiana State Department of Health, et al.
11-2464
Civil. Reverses in part and affirms in part, affirming the district court injunction against I.C. 5-22-17-5.5(b) that bars state or federal funding for “any entity that performs abortions or maintains or operates a facility where abortions are performed.” The circuit court held that Medicaid grants individual rights under federal civil rights protections, but reversed the district court with regard to federal block grant funds, holding that no such actionable protection exists.

Indiana Supreme Court
National Wine & Spirits, Inc., National Wine & Spirits Corporation, NWS, Inc., NWS Michigan, Inc., and NWS, LLC v. Ernst & Young, LLP
49S02-1203-CT-137
Civil tort. Affirms trial court grant of summary judgment in favor of Ernst & Young, holding that collateral estoppel precludes the plaintiffs’ deception claim because the veracity of the defendant’s documents at issue had been decided during arbitration proceedings.
 
Indiana Court of Appeals
State Automobile Ins. Co., Meridian Security Ins. Co., and Indiana Farmers Mutual Ins. Co. v. DMY Realty Co., LLP and Commerce Realty, LLC
49A05-1109-PL-486
Civil plenary. Affirms trial court grant of summary judgment in favor of DMY and denial of summary judgment in favor of State Auto, holding that language in insurance policies regarding pollutants was ambiguous. The court also remanded to the trial court to review settlement agreements between Indiana Farmers and DMY and to consider valid contribution of credit issues.

David Mathews v. State of Indiana
01A02-1203-CR-207
Criminal. Affirms convictions of Class D felony intimidation and Class B misdemeanor public intoxication, and Mathews adjudication as a habitual offender. The court held that the court did not abuse its discretion by failing to grant Mathews’ request for a mistrial and that the evidence is sufficient to sustain his conviction.

Calvin Merida v. State of Indiana
69A01-1203-CR-110
Criminal. Reverses and remands with instructions sentence for child molestation. The court found the nature of the offense and the character of the defendant did not warrant the 60-year aggregate term of imprisonment assessed by the trial court. Instead, it reversed and remanded with instructions to revise the sentencing order to run the two 30-year sentences concurrently for an aggregate 30-year term of imprisonment. Judge Crone dissented, arguing for a partially consecutive sentence.

David A. Young v. Gladys C. Young (NFP)
34A04-1204-DR-222
Divorce. Reverses and remands a dissolution of marriage order with instructions to equally divide the marital estate not subject to a prenuptial agreement and reverses the order awarding incapacity maintenance with instructions to determine whether wife has ability to support herself absent an award.

Indiana Tax Court posted no opinions before IL deadline Tuesday.









 

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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