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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following opinion was posted after The Indiana Lawyer’s deadline Thursday:
7th Circuit Court of Appeals
Ohio Security Insurance Company v. Best Inn Midwest, LLC
23-1696
Civil. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard Young. Affirms the district court’s order granting Ohio Security’s motion for sanctions and declaring Best Inn’s Indianapolis hotel vacant for the period of January 1, 2019, through December 20, 2019 and also granting summary judgment to Ohio Security on Best Inn’s counterclaim for bad faith. Finds that because Ohio Security’s denial was not based on any assessment of damage to the air conditioning units, none of the facts associated with the inspection of those units was relevant to the resolution of the case. Also finds the reasonable sanctions led to the appropriate grant of summary judgment. Attorney for appellant: David Lewarchik. Attorneys for appellee: Joseph Dietz, Crystal Rowe.
Friday opinions
Indiana Court of Appeals
Ethane Potts v. State of Indiana
24A-CR-2072
Criminal. Affirms Ethane Potts’ convictions in St. Joseph Superior Court for one count of rape by sexual intercourse and one count of rape by “other sexual conduct,” as well as his sentence of 22 years, with 18 years to serve and four years suspended to probation. Finds rape by sexual intercourse and rape by “other sexual conduct” are separate criminal acts even when committed during a single episode. Also finds nothing about the nature of the offenses makes Potts’s sentence inappropriate. Attorneys for appellant: James Voyles, Jr., Tyler Helmond. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Ellen Meilaender.
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