The following Indiana Supreme Court opinion was posted after IL deadline Tuesday:
Bruce Ryan v. State of Indiana
Criminal. Affirms two convictions of Class C felony sexual misconduct with a minor, finding no fundamental error by prosecutor’s statements during closing argument. The prosecutor improperly urged the jury to convict Ryan for reasons other than his guilt, but his failure to contemporaneously object and enable the trial court to take corrective action results in procedural default on his appellate claim.
Lori Nicklas v. Von Tobel Corporation, Individually, and d/b/a Von Tobel Lumber; and Von Tobel Lumber Company, Inc.
Civil collection. Affirms summary judgment in favor of Von Tobel Corp. and the denial of Nicklas’ motion for summary judgment on the company’s action to recover money owed on a promissory note executed by Nicklas and her husband. An agreed judgment against one obligor does not merge and extinguish the obligation of another person jointly and severally liable on the same contract, so Van Tobel was free to seek a judgment against Lori Nicklas after an agreed judgment with Shawn Nicklas had been entered.
In the Matter of the Supervised Estate of Mildred Borgwald, Deceased v. Old National Bank and Raelynn Pound
Estate, supervised. Affirms decision in favor of Old National Bank and Pound, entitling the bank to foreclose on the mortgage and equity line of credit against the estate. The trial court properly excluded the testimony of the estate’s proffered expert witness, Dr. Robert Lalouche pursuant to Evid. R. 702; the estate was not denied the opportunity to make an offer of proof regarding Lalouche’s anticipated testimony; the trial court did not abuse its discretion by admitting redacted, certified copies of medical records; and ONB’s mortgage was not invalidated.
Michael W. Palmby v. Karen M. Palmby
Domestic relation. Affirms denial of Michael Palmby’s verified petition for revocation of spousal maintenance. The trial court did not abuse its discretion when it denied his request and instead modified the payment terms of the accumulated rehabilitative maintenance.
Indiana Insurance Company v. Patricia Kopetsky, and KB Home Indiana Inc.
Civil plenary. KB Home has successfully alleged “property damage” caused by an “occurrence” pursuant to the policies and that the policies’ “expected and intended” and “contractual liability” exclusions do not work to bar coverage in this case. However, the designated evidence generates a question of fact as to whether the known loss doctrine works to bar coverage in this case, and so remands for trial on that question only. Reverses the trial court’s determination that Indiana Insurance is obligated to indemnify Kopetsky as a question not yet ripe for adjudication and affirms that the trial court did not err in granting summary judgment in favor of Indiana Insurance on her bad faith counterclaim.
Marilee Garrison v. State of Indiana (NFP)
Criminal. Affirms conviction and sentence for Class C felony conspiracy to commit theft.
Shemika L. Boyd v. Review Board of the Indiana Department of Workforce Development and Amazon Com INDC, LLC (NFP)
Agency action. Affirms decision that Boyd is ineligible for unemployment benefits.
Corday C. Dixon v. State of Indiana (NFP)
Criminal. Affirms convictions and sentence for two counts of Class C felony child molesting and one count of Class A felony child molesting.
Dennis Daniels v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor criminal recklessness.
Nathan Ferguson and Deanna Ferguson v. Shiel Sexton Company, Inc. d/b/a Shiel Sexton, And WR Dunkin & Son, Incorporated; Lynch, Harrison & Brumleve, Inc.; et al (NFP)
Civil tort. Affirms summary judgment in favor of Shiel Sexton on the Fergusons’ negligence claim.
Aubrey Thompson v. State of Indiana (NFP)
Criminal. Reverses conviction of Class B misdemeanor public intoxication.
Jason Severs v. State of Indiana (NFP)
Criminal. Affirms sentence for securities fraud as a Class B felony, unlawful acts related to offer of sale of a security as a Class C felony and violating broker-dealer registration requirements as a Class C felony.
Jacob Lutz v. State of Indiana (NFP)
Criminal. Affirms determination that Lutz is a sexually violent predator.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.