Opinions Feb. 12, 2013

February 12, 2013
KEYWORDS neglect

7th Circuit Court of Appeals
Lock Realty Corp. IX v. U.S. Health LP, et al
11-3477, 11-3570 and 12-1334
Civil. On a host of claims stemming from long-running litigation between the owners of property and the lessee who operated a Goshen nursing home, affirms judgment of the District Court for the Northern District of Indiana, South Bend District. Costs are taxed against U.S. Health and Americare.

Indiana Supreme Court  
Dennis Jack Horner v. Marcia (Horner) Carter
Domestic relation. Affirms trial court’s denial of Dennis Horner’s request for modification of his monthly housing payment obligation. Also vacates Court of Appeals’ conclusion that comments made in a mediation session could be admitted as extrinsic evidence. The Supreme Court held the husband’s purported oral statements made to the mediator clearly fall within the express inadmissibility of mediation evidence as explained in Alternative Dispute Resolution Rule 2.11.
Indiana Court of Appeals
Christopher Stark v. State of Indiana (NFP)
Criminal. Affirms conviction and sentence on three Class A misdemeanor charges of neglect of a dependent.

Daniel Peters v. State of Indiana (NFP)
Criminal. Affirms 15-year sentence imposed after guilty plea to a Class B felony charge of possession of methamphetamine in excess of three grams.

Hoffco/Comet Industries, Inc., John A. Bratt v. Arnold Boyd, Alan J. Cox, Richard D. Martin and Gary Weilenman (NFP)
Civil plenary. On interlocutory appeal, reverses trial court denial of John Bratt’s motion to dismiss.

Christopher E. Wooten v. State of Indiana (NFP)
Criminal. Affirms Class D felony conviction of child seduction.

Wesley Allen Thompson, Jr. v. State of Indiana (NFP)
Criminal. Affirms Class D felony conviction of perjury.

Tarrence Lee v. State of Indiana (NFP)
Criminal. Affirms trial court denial of motion to set bail on a charge of murder.

Reginald Spinks v. State of Indiana (NFP)

Criminal. Affirms Class A misdemeanor conviction of carrying a handgun without a license.

Phillip Rumley, Sr. v. Laurie Ferguson (NFP)
Domestic relations. Reverses and remands an order calculating Rumley’s child support arrearage.

Indiana Tax Court issued no opinions by IL deadline Tuesday.