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Opinions Dec. 22, 2017
The following Indiana Supreme Court opinions were posted after IL deadline Thursday:
Matthew L. Johnson v. State of Indiana
32S05-1707-CR-469
Criminal. Reverses the trial court’s overruling of Matthew Johnson’s objection to his habitual offender charges. Finds Indiana Code section 35-50-2-8(d) unambiguously requires each underlying low-level offense to meet the statutory 10-year requirement for a habitual offense.
COA: Traffic stop that led to arrest not a constitutional violation
Though an Indiana trial court erred in admitting a defendant’s statements about prior drug activity, the Indiana Court of Appeals has upheld the defendant’s current dealing conviction after finding the officers who arrested him did not violate his Fourth Amendment rights.
7th Circuit upholds denial of environmental insurance claim
A northern Indiana couple cannot seek insurance coverage for pre-existing environmental pollution they discovered on their businesses’ property because the language of their insurance policy unambiguously exempts coverage for known or unknown property damage occurring before their policy began, the 7th Circuit Court of Appeals has ruled.
Supreme Court raises minimum senior judge days to 15
The Indiana Supreme Court is increasing the minimum number of senior judge service days available to the state’s courts as a means of enabling courts to provide timely justice to litigants.
COA: Officer’s failure to take oath doesn’t nullify charges
A northern Indiana police officer’s stop and subsequent arrest of an impaired driver was valid even though the policeman had not taken his oath of office, the Indiana Court of Appeals ruled Friday.
Divided Supreme Court reverses habitual offender enhancement
A divided Indiana Supreme Court reversed a man’s habitual offender enhancement Thursday after determining his two prior Illinois convictions were statutorily considered Level 6 felonies, thus disqualifying the enhancement. The dissenting justice, however, found ambiguity in the statutes at issue.
Justices: 2015 habitual offender law set 10-year limit for past low-level felonies
The 2015 version of Indiana’s habitual offender statute requires an offender to have been released from all lower-level felonies within 10 years to establish a habitual offender enhancement, the Indiana Supreme Court. Justices reversed a trial court that overruled a reversal of a defendant’s objection to his habitual offender charges.
Family sues Muncie funeral home, alleging botched funeral
The children of an Indiana woman are suing a Muncie funeral home, alleging that her remains and funeral arrangements were mishandled.
Attorney who claimed improper influence over judges suspended
An attorney who implied to a client that he had the ability to improperly influence judges and suggested his client flee the court’s jurisdiction to avoid criminal prosecution has been suspended for 90 days.
Attorney who claimed improper influence over judges suspended
An attorney who implied to a client that he had the ability to improperly influence judges and suggested his client flee the court’s jurisdiction to avoid criminal prosecution has been suspended for 90 days.
Opinions Dec. 21, 2017
The following Indiana Supreme Court opinion was posted after IL deadline Wednesday:
Bellwether Properties, LLC v. Duke Energy Indiana, Inc.
53S04-1703-CT-121
Civil tort. Reverses the dismissal of Bellwether Properties, LLC’s complaint against Duke Energy Indiana, Inc. Finds the dismissal was premature because the face of the complaint did not establish the asserted claim was time-barred. Remands for further proceedings.
COA allows spoliation claim to proceed
The Indiana Court of Appeals has struck down a claim for a private right of action raised under Indiana’s medical record production statute, but allowed a spoliation claim against a doctor who no longer possesses a patient’s medical records to proceed. However, two judges urged the Indiana Supreme Court to reconsider a 1991 opinion that required them to strike the private right of action claim.
COA upholds 12(B)(6) dismissal of complaint against bank
A bank that removed a home from a sheriff’s sale list did not breach its contract with the property owners through an in rem decree of foreclosure because the decree included language allowing the bank to remove the home from the sale list, the Indiana Court of Appeals has ruled.
COA: Attorney fee records not protected or confidential
An Indiana trial court did not err by denying a motion to quash a request for the production of attorney fee records because such records are not protected by attorney-client privilege or the Fifth Amendment, the Indiana Court of Appeals ruled Thursday.
Pre-trial hearing postponed for Hammond bombing suspect
A federal magistrate has postponed the pre-trial hearing of a northwestern Indiana man charged in a pipe bomb explosion at a post office.
1 of 2 girls accused in Slender Man stabbing to be sentenced
One of two Wisconsin girls who attempted to kill a classmate to win favor with a fictional horror character named Slender Man will find out Thursday how long she will spend in a mental hospital.
Convicted fraudster accuses attorney of secret relationship
A former Fishers investment manager serving a 10-year prison sentence for securities fraud claims that a prominent Indianapolis attorney engaged in a secret, improper relationship with his wife while representing him.
Gymnast McKayla Maroney says settlement covered up sex abuse
Olympic gold medalist McKayla Maroney was forced to sign a confidential settlement with the group that trains U.S. Olympic gymnasts to keep allegations that she was sexually abused by team doctor Larry Nassar a secret, according to a lawsuit filed Wednesday.
Supreme Court allows inverse condemnation complaint to proceed
An inverse condemnation complaint against Duke Energy can continue after the Indiana Supreme Court determined the complaint did not allege sufficient facts that could support a dismissal for failure to state a claim.