COA finds lease payments are part of Trust
Siblings trading motions over their deceased father’s estate got multiple denials from the trial court.
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COA: Declaratory judgment wrongly denied in malpractice case
A trial court wrongly denied a plaintiff’s motion for a declaratory judgment arising from an inability to select a panelist to review a malpractice dispute on behalf of a woman who died after a stroke.
Lilly, partner sue Lupin over generic testosterone
Indianapolis-based Eli Lilly and Co. and Acrux DDS Pty Ltd. have filed a lawsuit against Lupin Pharmaceuticals Inc. for alleged infringement of patents that cover the testosterone treatment Axiron.
ATF agent found no bomb evidence at house explosion
An agent for the federal Bureau of Alcohol, Tobacco, Firearms and Explosives told jurors he found no evidence of a destructive device or bomb at a 2012 explosion that devastated an Indianapolis neighborhood, killing two.
Indiana law applies to truck fatality, COA rules
A family’s attempt to apply Illinois law in an Indiana traffic fatality failed to overcome state court precedent, which has established that laws of the state where an accident happened govern the conduct of the parties.
Lender in foreclosure gets tax refund, COA rules in reversal
A $307,193 property tax refund received by owners of industrial property in Marion County was wrongly awarded to borrowers who had defaulted on a mortgage on the property, the Indiana Court of Appeals ruled Wednesday.
Adoption reversed: Putative father wrongly denied genetic testing
A child born to a married couple who placed the newborn for adoption may have had a different father, and a trial court erred in denying his requests for genetic testing that could have given him standing to contest the adoption, the Court of Appeals ruled Wednesday.
Court rules litigants are responsible for lawyers ‘asleep on the job’
Although the 7th Circuit Court of Appeals agreed the party of investors did have a “poor lawyer,” the panel declined to overturn the nearly $450,000 judgment against them, saying “legal bungling … does not justify reopening a judgment.”
Ex-cop snared in drug, conspiracy sting loses appeal
A former Indiana police officer sentenced to 40 years in prison after he transferred guns and agreed to protect a cocaine shipment in a sting operation lost his federal court appeal.
Supreme Court appoints Valpo law professor to rules committee
Valparaiso University School of Law professor Del Wright Jr. has been appointed to the Indiana Supreme Court Committee on Rules of Practice and Procedure.
Indiana attorney general asserts state laws in national data breach debate
Warning that a national data breach law would “make consumers less protected,” Indiana Attorney General Greg Zoeller has joined 46 other state and territorial attorneys general in asking Congress to preserve states’ ability to respond to cyber theft.
Agents testify insurance was increased before home explosion
Insurance agents say the girlfriend of a man accused of blowing up an Indianapolis house nearly doubled the coverage for the contents of her home 11 months before the explosion that killed two neighbors.
Opinions July 7, 2015 ILD
Indiana Court of Appeals
Peter D. Nugent v. Phyllis N. Nugent (mem. dec.)
49A04-1410-DR-466
Domestic relation. Affirms denial of Peter Nugent’s petition to modify child support. Also affirms awarding Phyllis Nugent attorney fees in the amount of $3,000.
Clemmeth and Janis Leach v. State of Indiana (mem. dec.)
55A01-1410-CR-443
Criminal. Affirms judgment of trial court ordering the Leaches to pay $45,238.01 in restitution to Patton Park, a lake community in Morgan County.
Scott Huy v. State of Indiana (mem. dec.)
15A01-1410-CR-465
Criminal. Affirms conviction for dealing in cocaine or narcotic drug, a Class A felony, and 40-year sentence, enhanced by 30 years for being a habitual offender. Remands so trial court may correct judgment to reflect that Huy is serving an enhanced, rather than a consecutive, sentence.
Herbert Cox III v. The State of Indiana (mem. dec.)
45A03-1501-CR-38
Criminal. Affirms denial of Cox’s petition to modify his seven-year sentence, all to be served in the Indiana Department of Correction. The sentence was imposed after Cox pleaded guilty to Class C felony habitual traffic violator.
John Wesley Kimbrough, Jr. v. State of Indiana (mem. dec.)
45A03-1501-CR-18
Criminal. Affirms Kimbrough’s 17-year sentence after he pleaded guilty to Class B felony aggravated battery.
Vincent D. Quarles Jr. v. State of Indiana (mem. dec.)
34A02-1412-CR-871
Criminal. Affirms Quarles’ conviction of Class B felony aggravated battery for shooting a victim in the face during a fight outside a Kokomo bar. Finds the evidence is sufficient to rebut Quarles’ self-defense claim.
Scott Meisberger, d/b/a Meisberger Construction v. D. Brent Hanger and Gregory Bishop d/b/a H & B Enterprises, Inc. (mem. dec.)
40A01-1410-CC-453
Civil collection. Reverses judgment in favor of H & B and remands with instructions to enter judgment in Meisberger’s favor in the amount of $29,163.48. Finds Hanger and Bishop offered no evidence supporting their contentions that they had paid Meisberger in full.
Who gets the notes? The ABA sides with firms
Clients may come and clients may go, but until now it hasn’t been entirely clear who gets the documents, as well as the notes and drafts, when a client decides to change attorneys.
Opinions July 7, 2015
Indiana Court of Appeals
Bryan A. Cox v. State of Indiana
27A02-1412-CR-599
Criminal. Affirms 15-year aggregate executed sentence for Class B felony dealing cocaine and adjudication as a habitual offender. The doctrine of amelioration does not apply to Cox’s habitual offender sentence enhancement. Cox argued that he should have been sentenced under a more lenient amended habitual offender statute effective July 1, 2014, but his crime occurred before this, and the Legislature clearly did not intend for the doctrine of amelioration to apply to the amended statute.
GPS search after fatal crash unconstitutional, COA holds
The warrantless search of a driver’s global positioning system after a crash in which a passenger died was unconstitutional, the Indiana Court of Appeals held Tuesday.
Teens sentence their peers in Tippecanoe County program
A special Tippecanoe County Courthouse program has jurors, lawyers and defendants, but they're all younger than 18.
COA affirms habitual offender enhancement
A habitual offender failed to convince the Indiana Court of Appeals that an amended statute, which took effect July 1, 2014, should have been applied to enhance his dealing cocaine conviction.
Law firm mergers and acquisitions hit record in first half of 2015
In another active year of law firm mergers and acquisitions, Indiana attorneys’ offices are, so far, remaining on the sidelines.
Law sending low-level offenders to counties raises questions
Indiana counties are expecting to see increases in their inmate populations under a new law that will send low-level offenders to county jails, work release or home detention instead of to prison, the South Bend Tribune reported Sunday.