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Beer distributor Monarch loses legal battle to also sell liquor
Indiana’s largest beer distributor has lost a legal battle in its effort to sell liquor in addition to beer and wine.
Opinions Sept. 30, 2015 ILD
Indiana Court of Appeals
Denny Brock v. State of Indiana (mem. dec.)
36A01-1501-CR-32
Criminal. Affirms revocation of probation.
Matthew Longest, Deceased, by Robert Longest, et al. v. Lisa M. Sledge, a minor and Roger Brown and Donna Sledge, a/k/a Donna Seldge Brown (mem. dec.)
47A01-1501-CT-35
Civil tort. Reverses judgment in favor of Sledge and the Browns on the Longests’ lawsuit, which included a wrongful death claim.
David Moss v. Indianapolis Dept. of Natural Resources (mem. dec.)
49A02-1501-PL-7
Civil plenary. Grants rehearing and affirms decision that issues raised by DNR in petition for judicial review were preserved. Judge Riley votes to deny petition for rehearing.
Danean Childress v. State of Indiana (mem. dec.)
49A04-1501-CR-35
Criminal. Affirms conviction of Class A misdemeanor prostitution.
James H. Gosnell v. State of Indiana (mem. dec.)
71A03-1502-CR-47
Criminal. Affirms convictions of Class D felonies operating a motor vehicle while privileges are suspended as a habitual offender of traffic laws and operating a vehicle with a blood-alcohol concentration of at least 0.08 with a prior OWI conviction within the preceding five years.
In Re the Termination of the Parent-Child Relationship of: H.B. (Minor Child) and T.S. (Alleged Father) v. Ind. Dept. of Child Services (mem. dec.)
49A02-1501-JT-44
Juvenile. Affirms termination of parental rights.
Wenston Watson v. State of Indiana (mem. dec.)
03A01-1501-CR-15
Criminal. Affirms sentence following guilty plea after being charged with four felonies and a misdemeanor while on probation for two prior offenses.
Gerald Binfet v. State of Indiana (mem. dec.)
20A03-1412-CR-442
Criminal. Affirms restitution order.
Wilbert T. Sturgis v. State of Indiana (mem. dec.)
46A03-0506-CR-304
Criminal. Affirms conviction and sentence for murder.
Patrick C. Garvey v. State of Indiana (mem. dec.)
15A04-1503-CR-93
Criminal. Affirms conviction of Class B felony burglary.
Opinions Sept. 30, 2015
Indiana Court of Appeals
In Re: The Matter of the Petition to Expunge Conviction Records of James D. Borel v. State of Indiana
41A01-1412-MI-533
Miscellaneous. Reverses denial of Borel’s motion to correct error as the denial was against logic, facts and circumstances presented. There is insufficient evidence that he still owed $37 in court costs stemming from a 1976 case.
Lawsuit continues on railroad crossing accident case
A woman involved in a fatal car versus train accident in Boone County will be allowed to go to trial on just one of her claims: whether the railroad company failed to provide an unobstructed view at the crossing because of lack of vegetation control.
Marion County property assessment reductions upheld
The Indiana Tax Court affirmed the decision by the Indiana Board of Tax Review to reduce the total assessed value of six parcels in an Indianapolis shopping center by several million dollars.
Court ordered to reconsider expungement petition
An illegible handwritten note next to a docket entry in a 1976 conviction is not enough to support the trial court’s decision to deny a man’s expungement petition because he had not paid $37 in court costs. The Indiana Court of Appeals ordered the trial court to reconsider the man’s petition.
Clark County drug court wrongly jailed 63, order says
A southern Indiana drug treatment court unjustly jailed scores of program participants for an average time of almost seven weeks. The detentions are detailed in a magistrate judge’s proposed order to certify classes in a federal civil rights lawsuit former drug court participants filed against an ex-judge and other officials.
Sentence upheld, but restitution order needs a second look
The man ordered to pay $10,000 in restitution to his ex-wife following misdemeanor convictions of invasion of privacy and criminal mischief will get a new hearing on the matter after the Court of Appeals sent the case back to the trial court.
Appeals court rules NCAA in violation of antitrust laws
A federal appeals court ruled Wednesday that the NCAA's use of college athletes' names, images and likenesses in video games and TV broadcasts violated antitrust laws, but it struck down a plan allowing schools to pay athletes up to $5,000.
Estate loses on appeal but will get refund
The Indiana Tax Court reversed a probate court’s entry of summary judgment in favor of an estate on a claim seeking a refund of nearly $645,000 paid in inheritance tax, but the judge did find the estate is entitled to approximately $58,000 as a refund.
COA: Case belongs in Tax Court
A company owner seeking relief from a tax judgment should not have filed in county court, but with the Indiana Tax Court, the Court of Appeals concluded Wednesday. It ordered the case dismissed on jurisdictional grounds.
Absent agreement, man can’t be ordered to pay restitution if not convicted
A man who pleaded guilty to one count of theft for stealing grain, but admitted to stealing from the victim on other occasions, had his restitution amount reduced from nearly $150,000 to just around $28,000.
COA divided over denial of deposition request
The Indiana Court of Appeals was split in a decision Wednesday regarding whether a man on trial for a drug charge should have been allowed to depose two witnesses prior to trial. The judges didn’t agree as to which caselaw is controlling in the matter.
New prosecutor renders defendant’s request moot
A defendant’s request to disqualify the entire LaPorte County Prosecutor’s Office from his voluntary manslaughter case because several in the office viewed his conversation with his attorney recorded during a police interrogation is moot because there is a new prosecutor in office, the Indiana Court of Appeals has ruled.
Court: Man participated in meth manufacturing
A man’s conviction in Whitley County for dealing in methamphetamine by manufacturing was upheld by the Court of Appeals Wednesday. There is evidence that the man knowingly or intentionally aided an acquaintance in making methamphetamine in the home the defendant shared with his girlfriend.
Opinions Sept. 29, 2015 ILD
Indiana Court of Appeals
James A. Lynn v. State of Indiana (mem. dec.)
70A01-1412-PC-534
Post conviction. Affirms denial of petition for post-conviction relief.
Tiffany Smith v. State of Indiana (mem. dec.)
49A02-1503-CR-144
Criminal. Affirms conviction of Class D felony theft.
Joseph Merriman, III v. State of Indiana (mem. dec.)
30A01-1503-CR-119
Criminal. Affirms conviction of Class D felony residential entry.
Elsor Matthews v. State of Indiana (mem. dec.)
27A05-1503-PC-116
Post conviction. Affirms denial of petition for post-conviction relief.
William A. Russell v. State of Indiana (mem. dec.)
41A04-1504-CR-155
Criminal. Affirms order denying Russell’s fourth motion to correct erroneous sentence.
Jerell Owens v. State of Indiana (mem. dec.)
48A02-1501-PC-60
Post conviction. Affirms denial of petition for post-conviction relief.
In the Matter of the Term. of the Parent-Child Relationship of S.R., and D.R., and H.A.R., H.G.R., H.O.R., and N.R., Children: S.R. and D.R. v. Ind. Dept. of Child Services (mem. dec.)
42A01-1501-JT-34
Juvenile. Affirms termination of parental rights.
Opinions Sept. 29, 2015
7th Circuit Court of Appeals
Defender Security Company v. First Mercury Insurance Company
14-1805
U.S. District court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms First Mercury Insurance Co.’s motion to dismiss Defender Security Co.’s lawsuit alleging breach of contract and bad faith, which sought a declaratory judgment that First Mercury owed it a duty to defend. Based on Indiana’s definition of “publication” in the defamation context, the term “publication” in the insurance policy was not susceptible to Defender’s interpretation that its recording and storing of customers’ information constitutes “publication” so as to trigger defense by First Mercury in a lawsuit.
COA splits over terminating parental rights to twins
The Indiana Court of Appeals reversed the decision to terminate the parental rights of a mother to her twin daughters based on insufficient evidence, although one judge believed the termination should have been upheld. The court unanimously affirmed the decision to end her parental rights to her son.
Company’s recordings not considered ‘publication’
An Indiana company sued for recording customers’ personal information over the phone without their knowledge did not publish that information as required to trigger a duty to defend by its insurer in a California lawsuit, the 7th Circuit Court of Appeals affirmed Tuesday.