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Opinions Dec. 20, 2018

Indiana Court of Appeals 
City of Gary, Indiana and Gary/Chicago International Airport Authority v. Auto-Owners Insurance Company
18A-CT-68
Civil tort. Affirms the Lake Superior Court’s grant of summary judgment in favor of Auto-Owners Insurance Company, a liability insurer for one of the defendants in a lawsuit seeking payment for cleaning up contaminated property. Finds the city’s complaint focused solely on the operation of Western Scrap and did not allege facts that might fall under the Auto-Owners policies that covered Recycle West. Also rules Auto-Owners designated sufficient evidence to make a prima facie showing that negated the airport’s separate contamination lawsuit. 

IMPD officers sued for destroying homeless camp

The American Civil Liberties Union of Indiana filed a lawsuit Wednesday against two as yet unidentified Indianapolis police officers, alleging they unlawfully seized and destroyed the belongings of five homeless individuals who had been living under a railroad bridge.  

Insurer has no duty for contamination at Gary airport

The city of Gary’s lawsuit seeking payment for cleaning up contaminated property near the Gary/Chicago International Airport has stalled after the Indiana Court of Appeals found the business owner’s insurer had no duty to indemnify.

Survivor benefits not excluded from marital assets, COA says

The Indiana Court of Appeals has affirmed a trial court’s division of a divorced couple’s marital property, finding the wife’s survivor benefit from her ex-husband’s pension could not be excluded from the marital assets.

False informing conviction reversed for Monrovia dog owner after attack on mini horse

A Monrovia man found guilty of failing to inform an officer that a dog who killed a mini horse was inside his home had his conviction reversed Thursday, with the Indiana Court of Appeals finding that the man's failure to provide any information about the whereabouts of the dog could not be considered false informing. 

Supreme Court to travel, invites amici in smartphone privacy case

The Indiana Supreme Court will hit the road early next year to hear oral argument in a first impression case involving smartphone privacy. Justices also have invited amicus parties in the case as they seek to determine whether law enforcement can force a woman to unlock her phone as part of a criminal investigation.

Federal court rebuffs latest Monarch-linked liquor law challenge

An Indiana motor carrier’s attempt to transport liquor for a Michigan City wholesaler has been blocked by the Southern Indiana District Court, which found the proposed arrangement could potentially circumvent Indiana’s three-tiered alcohol distribution and sales system.

Opinions Dec. 19, 2018

Indiana Court of Appeals
Douglas L. Leistner v. State of Indiana (mem. dec.)
18A-CR-491
Criminal. Affirms Douglas Leistner’s 40-year sentence for conviction of two counts of Level 1 felony child molesting and Class A misdemeanor public voyeurism. Finds the trial court erred when it refused to find Leistner to be a sexually violent predator. Remands to the Dubois Circuit Court to correct this error and enter a finding that Leistner is a sexually violent predator.

Scotty’s Brewhouse founder sued over Carmel restaurant deal

Scotty’s Brewhouse founder Scott M. Wise, along with Indianapolis-based Scotty’s Holdings LLC and two Arizona-based parties, are facing a lawsuit from a former business partner of Wise’s who claims he was defrauded out of his $300,000 investment in the restaurant chain.

Justices take 2 cases, deny 18, split over 2

Indiana Supreme Court Justices granted transfer in two cases last week concerning a father convicted of killing his infant daughter with a pillow and a piecemeal child in need of services adjudication.

Judge threatens sanctions in DOC suit; attorneys claim honest mistakes

Two Indianapolis attorneys accused of filing false declarations on behalf of their state clients in an inmate’s excessive force lawsuit are facing federal court sanctions for the alleged misconduct, though the attorneys claim the issues giving rise to the court’s concerns were the result of honest mistakes.

Lawyer doesn’t help his own cause in federal court discipline matter

A Merrillville lawyer who asked the U.S. District Court for the Southern District of Indiana to reconsider discipline imposed on him drew a harsh reply from the court, which said his conduct “lends further support to … concerns about his competence as a lawyer.” The district court denied John H. Davis' motion to reconsider his removal from the court's Roll of Attorneys last week. 

Judge’s rebuke of Flynn upends sentencing, prolongs case

A federal judge who described himself as disgusted by Michael Flynn’s behavior upended a straightforward sentencing hearing Tuesday, postponing punishment for President Donald Trump’s first national security adviser and telling him in a stinging rebuke, “Arguably you sold your country out.”