Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowCourt of Appeals of Indiana
Scottsdale Insurance Company, et al. v. Harsco Corporation
21A-PL-2483
Civil plenary. Affirms and reverses in part the entry of summary judgment in favor of Harsco Corporation, ordering Scottsdale Insurance Company to pay Harsco approximately $70,000 in defense costs and approximately $5 million in indemnification and interest. Finds Harsco is not entitled to indemnification pursuant to either the commercial general liability policy or the umbrella policy with Scottsdale. Also finds Scottsdale failed to establish that the Marion Superior Court erroneously ordered it to pay any portion of the $70,975.93 to Harsco pursuant to Scottsdale’s duty to defend. Remands with instructions to enter judgment in favor of Harsco in the amount of $70,975.03.
Devon L. Sterling v. State of Indiana
22A-CR-25
Criminal. Affirms Devon Sterling’s convictions of felony murder and Level 4 felony being a prisoner in possession of a deadly weapon. Finds the Madison Circuit Court did not abuse its discretion by failing to dismiss the alternate juror or by excluding certain testimony. Also finds Sterling’s claim regarding the verdict forms is unavailing.
Lee Evans Dunigan v. Charlotte Ray, LMHC Mary Holmes (mem. dec.)
22A-PL-1429
Civil plenary. Dismisses Lee Evans Dunigan’s appeal of the Hendricks Superior Court’s orders denying his motion for default judgment and dismissing his complaint. Finds Dunigan’s appeal is untimely.
Stevi Sepulveda v. Jose Sepulveda (mem. dec.)
22A-DC-1415
Domestic relations with children. Affirms the Allen Superior Court’s custody modification and award of $2,000 in attorney fees for father Jose Sepulveda, as well as a contempt citation against mother Stevi Sepulveda. Finds the trial court did not abuse its discretion in its determination.
Alisha R. Lampkin v. State of Indiana (mem. dec.)
21A-CR-2429
Criminal. Affirms Alisha R. Lampkin’s felony murder conviction. Finds the Allen Superior Court did not misapply the law or otherwise abuse its discretion. Also finds Lampkin was not deprived of a fair trial.
Cynthia Sue Shafer v. State of Indiana (mem. dec.)
22A-CR-1001
Criminal. Affirms Cynthia Shafer’s convictions of Level 4 felony burglary and Class A misdemeanor theft. Finds the offense of theft is not established by proof of the same material elements or less than all the material elements required to establish the commission of burglary, nor is theft a lesser included offense of burglary under the other subsections of the lesser included offense statute.
In re the Involuntary Termination of the Parent-Child Relationship of M.R.A.F. (Minor Child) and L.B. (Father) v. Indiana Department of Child Services (mem. dec.)
22A-JT-1597
Juvenile termination of parental rights. Affirms the involuntary termination of father L.B.’s parental rights to his minor child, M.R.A.F. Finds sufficient evidence supports the Tippecanoe Superior Court’s conclusion that there is a reasonable probability of unchanged conditions. Also finds sufficient evidence supports the trial court’s conclusion that termination is in M.R.A.F.’s best interests.
Please enable JavaScript to view this content.