Opinions Sept. 29, 2015

Keywords neglect / Opinions
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7th Circuit Court of Appeals
Defender Security Company v. First Mercury Insurance Company
14-1805
U.S. District court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms First Mercury Insurance Co.’s motion to dismiss Defender Security Co.’s lawsuit alleging breach of contract and bad faith, which sought a declaratory judgment that First Mercury owed it a duty to defend. Based on Indiana’s definition of “publication” in the defamation context, the term “publication” in the insurance policy was not susceptible to Defender’s interpretation that its recording and storing of customers’ information constitutes “publication” so as to trigger defense by First Mercury in a lawsuit.

Indiana Court of Appeals
In the Matter of the Term. of the Parent-Child Relationship of: N.G., L.C., and M.C. (Minor Children), and A.C. (Mother) v. The Ind. Dept. of Child Services
02A04-1412-JT-605
Juvenile. Reverses termination of parental rights relating to L.C. and M.C. but affirms judgment as to N.G. because it is supported by sufficient evidence regarding his special needs and instances of physical abuse. Judge Mathias concurs in part and dissents in part.

James A. Lynn v. State of Indiana (mem. dec.)
70A01-1412-PC-534
Post conviction. Affirms denial of petition for post-conviction relief.

Tiffany Smith v. State of Indiana (mem. dec.)
49A02-1503-CR-144
Criminal. Affirms conviction of Class D felony theft.

Joseph Merriman, III v. State of Indiana (mem. dec.)
30A01-1503-CR-119
Criminal. Affirms conviction of Class D felony residential entry.

Elsor Matthews v. State of Indiana (mem. dec.)
27A05-1503-PC-116
Post conviction. Affirms denial of petition for post-conviction relief.

William A. Russell v. State of Indiana (mem. dec.)
41A04-1504-CR-155
Criminal. Affirms order denying Russell’s fourth motion to correct erroneous sentence.

Jerell Owens v. State of Indiana (mem. dec.)
48A02-1501-PC-60
Post conviction. Affirms denial of petition for post-conviction relief.

In the Matter of the Term. of the Parent-Child Relationship of S.R., and D.R., and H.A.R., H.G.R., H.O.R., and N.R., Children: S.R. and D.R. v. Ind. Dept. of Child Services (mem. dec.)

42A01-1501-JT-34
Juvenile. Affirms termination of parental rights.
 

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