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Opinions April 28, 2015

Indiana Court of Appeals
Dawn Warrick and Nathan Parrish v. Steve and Mitzi Stewart
92A03-1407-CC-257
Civil collection. Affirms grant of Steve Stewart’s motion to set aside the jury’s verdict and orders a new trial on his negligence claim against the Parrishes. The trial court did not abuse its discretion when it weighed the evidence presented regarding Stewart’s speed and concluding he was not speeding. There was also ample evidence represented that the Warricks negligently failed to restrain the dog that Stewart hit, which caused his accident.

COA affirms new trial on motorcyclist’s negligence claim

A trial court did not abuse its discretion when it set aside a jury verdict allocating 70 percent of fault to a motorcyclist who hit a dog that darted in front of his bike, the Indiana Court of Appeals ruled. The motorcyclist was injured in the accident and sued the dog’s owners.

Former Lilly partner set to pay $2.3B to settle Actos cases

Takeda Pharmaceutical Co. executives have agreed to pay more than $2.3 billion to resolve lawsuits accusing the company of hiding its Actos diabetes medicine’s cancer risks, three people familiar with the accord said.

Appeals court declines to revise battery sentence

Even though a trial court did not specify why it imposed consecutive sentences for a man convicted of two counts of battery – one as a Level 6 felony and the other a Class A misdemeanor – the Indiana Court of Appeals found the rationale for consecutive sentences is apparent on the face of the record.

Mother’s failure to timely contest adoption dooms appeal

A woman who failed to give notice to the court within 30 days after learning her child’s stepmother sought to adopt the child could not convince the Indiana Court of Appeals that her due process was denied in the matter.

Indiana lawmakers approve tougher ethics laws after lapses

Indiana legislators gave final approval Monday to a state ethics law overhaul that requires greater financial disclosure by lawmakers and expressly prohibits elected officials from using state resources for political purposes.

8 apply to be next COA judge

The Indiana Supreme Court released the names of the eight people who want to replace Court of Appeals Judge Ezra Friedlander after he retires from the bench in August.

Woman’s battery conviction reversed due to fatal variance

A couple arrested after they screamed and resisted arrest at a local Department of Child Services’ office after learning their child was being removed from their care had all but one of their convictions from the incident upheld by the Indiana Court of Appeals Monday.

Opinions April 27, 2015 ILD

Indiana Court of Appeals
Bloomington Police Department v. Stone Belt, Inc. (mem. dec.)
53A01-1411-MI-484
Miscellaneous. Dismisses appeal and vacates the trial court’s order that directed the police department to provide un-redacted records to Stone Belt in response to its public records request.

Anthony Gonterman v. State of Indiana (mem. dec.)
42A01-1410-CR-435
Criminal. Affirms denial of motion for appointment of a special prosecutor and motion for modification of sentence.

Terry Twitty, Sr. v. State of Indiana (mem. dec.)
32A04-1410-CR-472
Criminal. Affirms denial of motion for modification of sentence.

 

Opinions April 27, 2015

Indiana Court of Appeals
Adegoke Adetokunbo aka Robert Adesanoye, and Grace Itaniyi v. State of Indiana
49A02-1407-CR-511
Criminal. Affirms Adetokunbo’s convictions of Class A misdemeanor resisting law enforcement and Class B misdemeanor battery, and affirms Itaniyi’s convictions of Class A misdemeanor resisting law enforcement and Class B misdemeanor disorderly conduct. Reverses Itaniyi’s conviction of Class B misdemeanor battery based on insufficient evidence and remands with instructions to vacate that conviction.

SCOTUS considers excessive force, discrimination and personal data issues

The Supreme Court of the United States said Monday it will decide whether websites and other firms that collect personal data can be sued for publishing inaccurate information even if the mistakes don't cause any actual harm. The court is also considering time limits for discrimination claims and issues involving excessive force against inmates awaiting trial.

Long odds for insanity defense in theater shooting trial

The parents of Colorado theater shooter James Holmes joined the parents of his victims in line on a gray and drizzly Monday morning before entering the courthouse where lawyers prepared to declare why he should be executed or spend the rest of his life in a mental hospital.

Small Indiana town sued for rejecting proposed cell tower

A company that wants to build a cellphone tower in northeast Indiana is suing a small town, alleging the Zanesville Town Council is violating the federal Communications Act by using zoning ordinances to keep a wireless communications facility out.