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Opinions March 28, 2017

Indiana Supreme Court
State of Indiana v. Wallace Irvin Smith, III
45S05-1611-CR-572
Criminal. Reverses the Lake Superior Court’s grant of Wallace Irvin Smith III’s petition to convert his Class D felony conviction of theft to a Class A misdemeanor pursuant to the amendment to Indiana Code 35-50-2-7. Finds the subsequent legislative amendment did not alter the unambiguous terms of Smith’s plea agreement, which held that he would be “precluded from asking for Misdemeanor treatment.”

Sales of Polar Pure brings forfeiture dispute to US Supreme Court

The Supreme Court of the United States will enter the debate over civil forfeiture Wednesday when the eight justices consider whether the government can seize property from a convicted co-conspirator who did not receive any of the profits from the criminal transactions.

COA affirms judgment for insurance company in work zone complaint

Summary judgment was properly awarded to an insurance company that denied a request to defend a construction company in a negligence suit, the Indiana Court of Appeals found Tuesday. The judges ruled the terms of the policy only obligated the insurance company after a certain amount of damages had been paid.

Full House to hear ‘sanctuary campus’ bill

An Indiana Senate bill that faced widespread criticism for its prohibition of so-called “sanctuary campus” policies at Indiana colleges and universities is now headed to the full House for consideration, though in a much different form than what was considered by the Senate.

COA remands child support case

An Indiana trial court did not err in finding a Marion County father is voluntarily underemployed, yet it failed to consider evidence of the father’s prevailing job opportunities or earnings level, the Indiana Court of Appeals found Monday.

Opinions March 27, 2017

Indiana Court of Appeals
Mark H. Miller, II v. Leigh Anne Miller
49A02-1604-DR-817
Domestic relation. Affirms the Marion Superior Court’s finding Mark H. Miller II is voluntarily underemployed. Reverses the trial court’s determination of his imputed income. The trial court did not clearly err in finding that Miller was voluntarily underemployed when he was simultaneously the children’s primary caregiver and a part-time college student during his marriage to Leigh Anne Miller, but he is now no longer the children’s primary caregiver. Finds the trial court determined his imputed income without evidence of prevailing job opportunities and earnings levels in the community. Remands for a hearing.

High court struggles over hospital pension dispute

The Supreme Court of the United States is struggling over whether some of the nation's largest hospitals should be allowed to sidestep federal laws protecting pension benefits for workers.

SCOTUS takes securities-fraud clash involving Indiana pensions

The U.S. Supreme Court agreed to use a case stemming from a New York City contract fraud to clarify investors’ ability to sue companies for omitting information from shareholder reports. Investors led by the Indiana Public Retirement System urged the Supreme Court not to take up the dispute.