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Opinions July 20, 2016

July 20, 2016

Indiana Supreme Court
In the Matter of: Timothy S. Durham
49S00-1212-DI-672
Discipline. Disbars Tim Durham following his conviction on 12 felony counts for securities and wire fraud, 10 of which were upheld on appeal. Finds he violated two Rules of Professional Conduct for “fraudulent looting of funds entrusted to him by investors.”

Indiana Court of Appeals
Milbank Insurance Company v. Indiana Insurance Company, et al.
46A03-1512-PL-2096
Civil plenary. Affirms decision on summary judgment that Milbank Insurance’s personal auto policy was primary in an underlying injury action involving the car of its insured. Finds that Milbank’s appeal is untimely, but regardless, the trial court did not err.

Barbara Hill, individually and as guardian of Charles Hill, incapacitated, and as next friend of Alexandra Hill, a minor, and Macey Hill, a minor, et al. v. Erich E. Gephart, et al.
49A02-1509-CT-1288
Civil tort. Grants rehearing to consider the city defendants’ argument that some of the plaintiffs’ designated evidence is inadmissible. Holds an investigator’s declaration and photos were admissible at trial and notes that the appellate court relied on Charles Hill’s testimony to conclude that a genuine issue of material fact existed as to his contributory negligence. Affirms in all other respects. Judge Brown would grant rehearing for the purpose of affirming the trial court, in accordance with her dissent in the May 6 opinion.

M. Jewell, LLC v. Ezeguiel Garcia and William Shoemaker (mem. dec.)
48A04-1510-MI-1715
Miscellaneous. Affirms denial of motion to correct errors in an order setting aside M. Jewell’s tax deed and sale.

Larry W. Scroggins, Jr. v. State of Indiana (mem. dec.)
40A04-1510-CR-1745
Criminal. Affirms conviction and 12-year sentence for Level 4 felony burglary.

Isaac Perez v. State of Indiana (mem. dec.)
49A02-1511-CR-1917
Criminal. Affirms conviction of Class A misdemeanor battery.

In the Matter of the Termination of the Parent-Child Relationship of S.F., Father, and G.F. and S.S., Children, S.F. v. Indiana Department of Child Services (mem. dec.)
79A04-1512-JT-2339
Juvenile. Affirms termination of parental rights.

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