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Opinions Sept. 11, 2013

September 11, 2013
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7th Circuit Court of Appeals
David Hughes v. Kore of Indiana Enterprise Inc., et al.
13-8018
Civil. Reverses decertification of a class action, finding the U.S. District Court for the Southern District of Indiana, Indianapolis Division, did not provide adequate grounds for the ruling, and remands for further proceedings.

Indiana Court of Appeals
Kari Everhart v. Founders Insurance Company
84A01-1303-PL-128
Civil Plenary. Affirms the trial court’s grant of summary judgment in favor of Founders and its denial of Everhart’s motion to correct error. Rules Everhart’s description of the bar fight that left her with a broken arm fit the state’s definition of battery. Since Founders’ policy included an exception for injuries resulting from assault and/or battery, the court found the insurance company could deny coverage.

Donovan Johnson and Aileen Johnson v. Poindexter Transport, Inc., and Crane Service
49A02-1212-CT-1027
Civil tort. Affirms trial court’s order to grant Poindexter’s motion to dismiss. Finds several factors identified the Poindexter’s crane operator as a borrowed employee of the general contractor, R.L. Turner. This makes Johnson and the crane operator co-employees and limits Johnson to seeking remedy only under the Worker’s Compensation Act.

Jane Kleaving v. State of Indiana (NFP)
74A04-1209-CR-472
Criminal. Affirms conviction for conspiracy to commit murder as a Class A felony.

Ronald D. Hayes v. State of Indiana (NFP)
54A01-1302-CR-77
Criminal. Affirms revocation of probation and order for Hayes to serve his previously suspended two-year sentence in the Indiana Department of Correction.

Yohau Flame v. State of Indiana (NFP)
49A02-1302-CR-121
Criminal. Affirms conviction after a jury trial of rape and criminal deviate conduct, each as a Class A felony, two counts of criminal confinement and one count of attempted robbery, each as a Class B felony, and one count of auto theft, as a Class D felony.

Dewayne Perry v. State of Indiana (NFP)
49A02-1302-CR-162
Criminal. Affirms conviction for felony murder. Reverses and remands with instructions that the trial court vacate Perry’s conviction of and one-day sentence for Class A felony robbery. Perry argued the trial court violated the prohibition against double jeopardy by entering convictions for both robbery and felony murder with robbery as the underlying felony. The state did not oppose Perry’s claim, conceding that there is a reasonable possibility that the evidentiary facts were used to establish the essential elements for the robbery charge and the underlying felony for the felony murder charge.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline.
 

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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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