7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.
Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
E. Paul Haste v. State of Indiana
Criminal. Dismisses Haste’s appeal of his conviction of and sentence for Class B felony dealing in methamphetamine because the order from which he appeals isn’t a final judgment.
Mark Gasser v. Lesa B. Downing, Auto-Owners Insurance Company, and Property Owners Insurance Company
Civil plenary. Affirms denial of Gasser’s motion for summary judgment, and affirms summary judgment in favor of Auto-Owners, on Gasser’s suit for underinsured motorist coverage. Gasser’s friend’s car, in which Gasser was riding, was not a “temporary substitute” for purposes of the Auto Owners policy because it was being used as a favor or friendly accommodation, not to fulfill a legal or contractual obligation Gasser had.
Cody Dallas v. Brandon Cessna
Civil tort. Affirms finding that Dallas is jointly and severally liable to Cessna for damages following intentional acts of battery. The Comparative Fault Act clearly stipulates that Cessna may recover 100 percent of his damages for the intentional tort from Dallas, as Dallas pleaded guilty after a prosecution based on the same evidence used in the civil proceedings.
In Re the Estate of Ruby Shuler Blankenbaker Botkins, Deceased; Mark Allen Shuler and David Lee Shuler, co-personal representatives v. Estate of George Botkins and Larry Botkins, personal rep.
Estate supervised. Dismisses appeal by Mark and David Shuler of the trial court’s denial of their motion to set aside a family settlement agreement relating to the administration of Ruby Botkins’ estate because the order is neither a final judgment nor an appealable interlocutory order.
Anthony Dorelle-Moore v. State of Indiana
Criminal. Affirms murder conviction. Dorelle-Moore claimed the trial court abused its discretion relating to the prosecutor’s communications with a potential witness. Any suppression of a witness’s testimony was no more than a harmless error.
Tyjuan J. Dixon v. State of Indiana
Criminal. Affirms convictions of murder and two counts of Class A felony attempted murder. The trial court did not abuse its discretion when it allowed the state to introduce extrinsic evidence in the form of testimony from a police detective as impeachment of another prosecution witness.
Anthony McCoy v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief.
Keith M. Butler v. State of Indiana (NFP)
Criminal. Affirms convictions of and sentence for two counts each of Class B felony sexual misconduct with a minor and Class C felony sexual misconduct with a minor and one count of Class D felony child solicitation.
William Pargo v. State of Indiana (NFP)
Criminal. Affirms grant of state’s motion to amend charges against Pargo.
Clovis Smith v. Alexandra Ryan (NFP)
Protective order. Affirms issuance of protection order and determination that Smith is “Brady disqualified” from buying a firearm.
Victoria Thomas v. National Education Association-South Bend and South Bend School Corporation (NFP)
Miscellaneous. Affirms denial of Thomas’ motion to stay and affirmation of the decision by the Indiana Education Employment Relations Board that concluded the National Education Association – South Bend did not violate its duty to fairly represent Thomas in her grievance against her employer, South Bend Community School Corp.
Lucas E. Holland v. State of Indiana (NFP)
Criminal. Affirms sentence for murder and Class B felony armed robbery.
Lorinda Harper v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony receiving stolen property.
Darrell Lawrence v. State of Indiana (NFP)
Criminal. Affirms order that Lawrence serve his entire suspended sentence following a probation violation.
Shane J. Johnson v. State of Indiana (NFP)
Criminal. Affirms in part and remands for a more specific statement of the terms of Johnson’s probation revocation consistent with the opinion.
Jeremy Kyle Everhart v. State of Indiana (NFP)
Criminal. Dismisses appeal for lack of jurisdiction.
Paul Esparza v. Denis Lynch (NFP)
Small claim. Affirms $1,000 judgment in favor of Lynch for destruction of property.