Opinions July 30, 2015

July 30, 2015

Indiana Supreme Court
Wellpoint, Inc. (F/K/A Anthem, Inc.) and Anthem Insurance Companies, Inc. v. National Union Fire Insurance Company of Pittsburgh, PA, AIG Europe (U.K.) Limited, et al
Civil plenary. Grants petition for rehearing to modify the Supreme Court’s previous opinion. Finds its reversal should be clarified to grant summary judgment in favor of Anthem but only on the issues raised in Continental’s motion of summary judgment. Holds Continental did not waive its unasserted defenses.

Craig Sampson v. State of Indiana
Criminal. Affirms conviction of Class C felony child molesting. While the trial court did allow improper testimony from a witness who testified the alleged victim showed no sign of coaching, the defense did not object, and the admission does not amount to fundamental error. Holds that testimony about signs that an alleged child sex crime victim may or may not have been coached is permitted, provided the defendant has opened the door to such testimony.

Gary Sistrunk v. State of Indiana
Criminal. Affirms convictions for robbery and criminal confinement, as Class B felonies. Finds the use of the same deadly weapon to support each conviction not violate Indiana’s constitutional ban on double jeopardy.

Indiana Tax Court
Aztec Partners, LLC v. Indiana Department of State Revenue
Small claim. Grants department’s petition for rehearing pursuant to Rule 63(B) of Indiana’s Rules of Appellate Procedure. Affirms decision in Aztec Partners, LLC v. Indiana Dep’t of State Revenue, 49T10-1210-SC-00067, 2015 WL 387529, at *2-6 (Ind. Tax Ct. June 23, 2015). Finds Aztec’s refund claims for the exclusion necessarily involved a claim for the consumption exemption.

Court of Appeals
Jeremy Farris v. State of Indiana (mem. dec.)
Criminal. Affirms post-conviction court’s denial of his motion for partial summary judgment.

Gabriel Kowalskey v. State of Indiana
Criminal. Reverses orders in two criminal cases that Kowalskey, by his conduct, had waived his right to counsel. The trial court erred by not undertaking an analysis of whether Kowalskey demonstrated obstreperous conduct after being warned that such conduct could result in the waiver of his right to counsel. Remands for proceedings.

Ashley L. Stapert v. State of Indiana (mem. dec.)
Criminal. Affirms convictions for two counts of Class A felony child molesting.

Walker Whatley v. State of Indiana (mem. dec.)
Post conviction. Affirms denial of Whatley’s petition for post-conviction relief.

Ronald Moore v. State of Indiana (mem. dec.)
Criminal. Affirms conviction and 18-year sentence with 10-year enhancement for one count of dealing in a schedule I controlled substance, a Class B felony.

Tammie D. Wasson v. State of Indiana (mem. dec.)
Criminal. Affirms seven-year aggregate sentence for conviction of Class B felony dealing in a controlled substance.