Opinions Jan. 23, 2015

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7th Circuit Court of Appeals
Visteon Corp. v. National Union Fire Insurance Company of Pittsburgh, Pa.
Chief Judge Richard Young, U.S. District Court for the Southern District of Indiana, Indianapolis Division.
Affirms judgment in favor of National Union on its denial of coverage for toxic chemical pollution at a Connersville Visteon auto parts factory that also contaminated neighboring properties. The District Court properly applied Michigan law, holding that Visteon was not entitled to coverage and dismissed the case.  
Indiana Court of Appeals
J.K. v. T.C.
Protective order. Reverses the trial court’s entry of a protective order against J.K., finding there was insufficient evidence in the record to grant the protective order sought by his ex-wife. The panel also concluded that the Civil Protective Order Act under I.C. § 34-26-5 places the burden on the petitioner to prove by a preponderance of the evidence that a P.O. should be extended.

Jerome Perry v. State of Indiana
Criminal. Affirms three years of home detention imposed after Perry’s conviction of Class D felony receiving stolen goods. The trial court properly applied the law in ordering Perry to serve his sentence on home detention.

Dorvae Barnett v. State of Indiana
Criminal. Affirms five-year sentence enhancement for use of a firearm in his conviction of Class C felony reckless homicide. Finds that the victim’s death by gunshot inflicted as the victim and Barnett struggled for control of a revolver was sufficient to prove reckless homicide, and the evidence was sufficient to support the conviction and the enhancement for an aggregate 12-year sentence.

Adam Nagel and Emily Nagel v. Northern Indiana Public Service Company
Civil tort. Affirms trial court’s refusal to impose any sanctions against NIPSCO for purported discovery violations. Reverses order granting summary judgment to NIPSCO, finding there are genuine issues of material facts as to whether NIPSCO owed Adam Nagel a duty of care and whether it breached that duty. Nagel was severely injured after getting hit by a semi-truck. Ruled even though Nagel was an independent contractor, he was working on NIPSCO property and NIPSCO would have been aware of the dangers posed by the semi-trucks passing through the plant’s grounds.

Thomas J. Thacker v. State of Indiana (NFP)
Criminal. Affirms two three-year concurrent sentences for two convictions of Class D felony theft.

Ataul Shafeek, Jr. v. State of Indiana (NFP)
Criminal. Affirms 56-year sentence for conviction of murder.

Aaron Johnson v. State of Indiana (NFP)
Post conviction. Affirms denial of post-conviction relief.

In the Matter of the Adoption of K.L., K.D. v. S.W. & M.W. (NFP)
Adoption. Affirms the trial court’s decree granting adoption of K.L.

Douglas Hobbs v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony theft.

James Mayhugh v. State of Indiana (NFP)
Criminal. Affirms 50-year sentence for convictions of murder and Class D felony theft.

In the Matter of: V.B., P.B. & B.B., Children Alleged to be Chins and A.B. v. The Ind. Dept. of Child Services (NFP)
Juvenile. Affirms adjudication of children in need of services.

Larry Gentry v. State of Indiana (NFP)
Criminal. Affirms 15-year executed sentence for conviction of Class B felony operating a vehicle while intoxicated resulting in death.

Howard Jackson v. State of Indiana (NFP)
Criminal. Affirms 25-year executed sentence and convictions of Class A felony dealing in a narcotic drug and Class A misdemeanor possession of marijuana.

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