Opinions Sept. 6, 2012

Keywords neglect / Opinions
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7th Circuit Court of Appeals
Home Federal Savings Bank v. Ticor Title Insurance Co.
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane Magnus-Stinson.
Civil. Reverses summary judgment for Ticor Title Insurance on Home Federal Savings Bank’s attempt to have the title insurance company defend the bank on a counterclaim filed by a general contractor to recover on a mechanic’s lien. The undisputed facts show that the title insurer breached its duty to defend the bank on the claim that the mechanic’s lien had priority over or parity with the mortgage, which the bank was foreclosing. Remands for proceedings on the issue of damages.

Indiana Supreme Court and Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals
Troy Wilson v. State of Indiana
Criminal. Affirms conviction of Class A misdemeanor driving while intoxicated. The trial court did not abuse its discretion when it determined the testimony Wilson sought to introduce was not relevant to the question of the reliability of Golden’s testing and excluding that testimony from evidence.

Patrick Nichols v. State of Indiana
Criminal. Reverses convictions of Class C felony burglary, Class D felony theft and Class A misdemeanor criminal mischief. The prosecutor violated Nichols’ Fifth Amendment privilege against self-incrimination by improperly commenting upon his decision not to testify. That results in fundamental error. Remands for a new trial.

Deon Liggans v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Arlandas A. Anderson v. State of Indiana (NFP)
Criminal. Affirms sentence for Class C felony nonsupport of a dependent child.

Maury Dusendschon v. Review Board of the Indiana Dept. of Workforce Development and TALX UC Express (NFP)
Agency action. Affirms denial of request for unemployment insurance benefits.

Timothy L. Barnes v. State of Indiana (NFP)
Criminal. Affirms sentence for Class B felony rape.

Reginold Knox v. State of Indiana (NFP)
Criminal. Affirms sentence for Class D felony possession of marijuana.

Tami L. Duvall v. State of Indiana (NFP)
Criminal. Affirms murder conviction, but reverses and remands with instructions to vacate five of her six convictions of insurance fraud as Class C felonies and two of her three convictions of Class D felony obstruction of justice.


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