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Opinions Dec. 14, 2017

Indiana Court of Appeals
Bryan Fearman v. State of Indiana
49A04-1704-CR-802
Criminal. Reverses Bryan Fearman’s 910-day sentence for direct criminal contempt. Finds Fearman’s multiple acts of contemptuous behavior constitute a single contemptuous episode and can only warrant a single punishment of not more than six months without a jury trial. Remands for the Marion Superior Court to enter a sentencing order for criminal contempt with a six-month sentence.

COA reduces contempt sentence from 910 days to 6 months

The Marion Superior Court must reduce a man’s sentence for criminal contempt of court to six months in order to comply with his Sixth Amendment rights and U.S. Supreme Court precedent, the Indiana Court of Appeals has ruled.

Attorney sanctioned $500 for ‘frivolous and misleading motion’

The most recent development in copyright litigation challenging the use of a retired attorney’s copyrighted photo of the Indianapolis skyline has resulted in another Indianapolis attorney being sanctioned in federal court for filing a frivolous and misleading motion.

Quadriplegic awarded $35 million by Marion County jury

A 32-year-old man who was rendered a quadriplegic following a single-car accident, was awarded a net $35 million Monday afternoon by a Marion County jury which is believed to be among the largest verdicts for a personal injury claim in Indianapolis.

Judge gives Fogle another avenue to challenge sentence

A federal judge is giving former Subway spokesman Jared Fogle another chance to seek relief from his 15-year prison sentence after striking down the most recent of his objections to his sentence on Wednesday.

Southern District’s Lawrence to take senior status in 2018

Judge William T. Lawrence for the U.S. District Court for the Southern District of Indiana, has announced his decision to take senior status July 1, 2018, creating another opening in the Southern District that already has one judicial vacancy and is still recovering from the loss of two colleagues.

High Court reverses Tax Court ruling in Goff’s first opinion

In the first opinion written by Indiana’s newest Supreme Court justice, the high court struck down Wednesday a Tax Court ruling that found an Indianapolis food freezing company did not engage in direct production of new tangible personal property.

‘So it goes:’ conflicted COA affirms barring estate’s med-mal claim

The estate of a woman who died after she was treated by emergency medical technicians cannot sue the EMTs, the Indiana Court of Appeals affirmed Wednesday. But one judge who joined the decision wrote he was “wholly dissatisfied with this outcome” and believes the decision will encourage “legal gamesmanship” by medical malpractice defendants.

Opinions Dec. 13, 2017

Indiana Supreme Court
Merchandise Warehouse Co., Inc. v. Indiana Department of State Revenue
49S10-1712-TA-735
Tax. Grants review and reverses the partial denial of Merchandise Warehouse Co., Inc.’s claims for refunds for sales tax paid on blast freezing equipment and the electricity used in operating that equipment. Enters summary judgment for MWC on the issue of direct production. Finds MWC’s blast freezing process constitutes direct production because it represents the crucial final step in creating a distinct marketable good – blast frozen food. Also finds the relevant statutes and regulations impose no requirement that MWC’s blast-freezing procedure be its own, separate production process. Remands for further proceedings.

COA: Dead Man’s Statute precludes testimony

Indiana’s Dead Man’s Statute prohibits the owners of a cattle company from testifying about their dealings with a deceased cattle farmer, the Indiana Court of Appeals has ruled, though one judge questioned whether the Dead Man’s Statute should remain law. As the sole proprietor of Cain Farms, Roger Cain purchased cattle from Kentucky-based Childress Cattle, […]

COA allows med mal case to continue

A woman with severe back pain will be able to pursue a medical malpractice claim against her orthopedic surgeon after the Indiana Court of Appeals ruled that the clock on the two-year statute of limitations does not start until the patient discovers the malpractice.

Board blocking local carbon monoxide detector rules

A state board dominated by construction industry representatives has been blocking efforts by some local governments in Indiana to require carbon monoxide detectors in residential properties.