Opinions Jan. 28, 2016

January 28, 2016
KEYWORDS Opinions / neglect

7th Circuit Court of Appeals
United States of America v. Terry Joe Smith
14-3744, 14-3721
U.S. District Court, Southern District of Indiana, Terre Haute Division. Judge William Lawrence.
Criminal. Affirms two convictions of excessive force against two individuals who were in police custody. Vacates 14-month sentence followed by two years of supervised release after finding the sentence to be light in comparison to similar cases. The judge was also required to give the entire sentence orally. Remands for full resentencing.

Indiana Supreme Court
In Re: Indiana State Fair Litigation, Mid-America Sound Corporation v. Indiana State Fair Commission, et al., Jill Polet, et al.
Civil tort. Grants transfer and affirms summary judgment in favor of the State Fair Commission regarding whether a December 2011 invoice’s indemnity language applied retroactively to the August 2011 roof collapse during a concert at the Indiana State Fair. Because the contract language on Mid-America’s invoices fails to “clearly and unequivocally” provide retroactive indemnification for a known loss, the justices declined to infer such a provision from a course of dealing.

Indiana Court of Appeals
Michael S. Washington v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Class A felony child molesting and 20-year sentence.

Javonieo White v. State of Indiana (mem. dec.)
Criminal. Affirms determination White violated the terms of his probation.

In the Matter of: B.C., a Child in Need of Services, T.C. (Mother) and W.J. (Alleged Father #1) v. Indiana Department of Services and Child Advocates, Inc. (mem. dec.)
Juvenile. Affirms order that child continue to be placed outside of the homes of mother and alleged father #1.

Jill Yount v. Robert L. Houston and Houston & Thompson (mem. dec.)
Civil tort. Affirms summary judgment in favor of Houston on Yount’s legal malpractice claim.

Susan F. McCall v. City of Washington (mem. dec.)
Civil tort. Affirms summary judgment in favor of the city on its motion to dismiss McCall’s lawsuit after she fell and was injured on a sidewalk adjacent to a church property.