7th Circuit Court of Appeals
United States of America and State of New York, et al. v. Cinergy Corp., et al.
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Larry J. McKinney.
Civil. Reverses District Court ruling in the government’s favor regarding modifications involving sulphur dioxide emissions because Cinergy met the standard that was authorized by a state plan the Environmental Protection Agency approved. Finds the District Court should not have admitted evidence by the EPA’s expert witnesses. Rules that without expert testimony to support an estimate of actual emissions caused by the modifications, the government cannot prevail with respect to the charge of nitrogen oxide pollution. Dismisses cross-appeal.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Dwight Murdock v. Estate of Sharron K. Murdock
Civil. Reverses enforcement of marital property settlement document, including its provision that the issue of abandonment is moot, and remands for further proceedings addressing the issue of whether Dwight forfeited the right to inherit from Sharron’s estate after she died during the dissolution process.
Deere & Co. v. Travis Hostetler & New Holland Rochester
Civil collection. Reverses trial court order giving New Holland prejudgment possession of farm equipment and remands with instructions to enter an order granting Deere prejudgment possession of the equipment in question. Rules New Holland was not a bona fide purchaser because it had actual notice of Deere’s liens.
In Re the Guardianship of A.M.N.; M.N. and E.N. v. B.C. (NFP)
Guardianship. Affirms trial court did not abuse its discretion in terminating the grandparents’ guardianship in favor of mother.
Kenneth Pairsh v. Annette Pairsh (NFP)
Domestic relation. Affirms trial court’s denial of Kenneth Pairsh’s request for spousal maintenance and its distribution of marital property
Emmanuel T. Williams v. State of Indiana (NFP)
Criminal. Affirms 15-year sentence for Class B felony aggravated battery.
Anthony Williams v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony auto theft.
Luther J. Gant v. State of Indiana (NFP)
Criminal. Affirms conviction of Class B felony robbery and 15-year sentence.
Ronnie Drane v. State of Indiana (NFP)
Post conviction. Affirms denial of post-conviction relief.
Michelle Woods v. State of Indiana (NFP)
Criminal. Affirms convictions of Class A misdemeanor battery on a law enforcement officer, Class A misdemeanor resisting law enforcement, and Class B misdemeanor disorderly conduct.
Indiana Tax Court had posted no opinions at IL deadline.