Supreme Court permanently bans Muncie judge
A Muncie judge who was previously suspended for 13 counts of judicial misconduct and for using racial slurs recorded on video has been given a lifetime ban from serving on the bench.
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Opinions Jan. 23, 2015 ILD
Indiana Court of Appeals
Thomas J. Thacker v. State of Indiana (NFP)
35A02-1408-CR-539
Criminal. Affirms two three-year concurrent sentences for two convictions of Class D felony theft.
Ataul Shafeek, Jr. v. State of Indiana (NFP)
89A01-1403-CR-147
Criminal. Affirms 56-year sentence for conviction of murder.
Aaron Johnson v. State of Indiana (NFP)
71A03-1404-PC-111
Post conviction. Affirms denial of post-conviction relief.
In the Matter of the Adoption of K.L., K.D. v. S.W. & M.W. (NFP)
14A05-1406-AD-288
Adoption. Affirms the trial court’s decree granting adoption of K.L.
Douglas Hobbs v. State of Indiana (NFP)
41A01-1406-CR-247
Criminal. Affirms conviction of Class D felony theft.
James Mayhugh v. State of Indiana (NFP)
82A01-1403-CR-133
Criminal. Affirms 50-year sentence for convictions of murder and Class D felony theft.
In the Matter of: V.B., P.B. & B.B., Children Alleged to be Chins and A.B. v. The Ind. Dept. of Child Services (NFP)
09A02-1407-JC-518
Juvenile. Affirms adjudication of children in need of services.
Larry Gentry v. State of Indiana (NFP)
24A04-1403-CR-144
Criminal. Affirms 15-year executed sentence for conviction of Class B felony operating a vehicle while intoxicated resulting in death.
Howard Jackson v. State of Indiana (NFP)
49A02-1406-CR-402
Criminal. Affirms 25-year executed sentence and convictions of Class A felony dealing in a narcotic
Opinions Jan. 23, 2015
7th Circuit Court of Appeals
Visteon Corp. v. National Union Fire Insurance Company of Pittsburgh, Pa.
14-2725
Chief Judge Richard Young, U.S. District Court for the Southern District of Indiana, Indianapolis Division.
Affirms judgment in favor of National Union on its denial of coverage for toxic chemical pollution at a Connersville Visteon auto parts factory that also contaminated neighboring properties. The District Court properly applied Michigan law, holding that Visteon was not entitled to coverage and dismissed the case.
7th Circuit affirms Michigan law applies to Visteon pollution claims
A federal court in Indianapolis properly dismissed a lawsuit Visteon Corp. filed against its insurer seeking to recover damages resulting from toxic pollution at its former Connersville plant that also contaminated neighboring properties.
Severely injured worker allowed to make case to jury
A man who sustained life-changing injuries from a workplace accident is entitled to have his day in court to present his claims to a jury, the Indiana Court of Appeals ruled.
Indiana Senate backs death penalty for beheading crimes
A bill making intentionally decapitating someone a crime eligible for the death penalty has been approved by the Indiana Senate.
Lake County Court in Hammond closed due to water main break
A water main break has forced the closure of the Lake County Superior Court in downtown Hammond.
Conviction, sentence affirmed for man who fatally shot cousin
The reckless homicide conviction and 12-year sentence given to an Indianapolis man who shot and killed his cousin as the two struggled for control of a revolver was affirmed Friday.
Court affirms 3-year home detention for Class D felony
A man was properly sentenced to three years of home detention for conviction of Class D felony receiving stolen property, the Indiana Court of Appeals ruled Friday.
Protective order against ex-husband reversed for lack of evidence
A trial court had insufficient evidence to extend a protective order a woman sought against her ex-husband, the Indiana Court of Appeals ruled in reversing the order.
Legislation increasing the service of process fee moves to the House
The Indiana Senate Thursday endorsed an increase in the fees sheriffs collect to serve court papers. The fee will nearly double from $13 to $25 under legislation sent to the House of Representatives.
Bill opening birth records passes Senate
The Indiana Senate Thursday approved a bill that would open birth records to some 350,000 Hoosiers adopted between 1941 and 1993.
Opinions Jan. 22, 2015 ILD
Indiana Court of Appeals
Santiago Valdez v. State of Indiana (NFP)
18A05-1407-CR-304
Criminal. Affirms denial of Valdez’s motion to proceed pro se.
Thomas Allen Beavers v. State of Indiana (NFP)
45A03-1405-CR-165
Criminal. Affirms sentence for Class B felony aggravated battery.
Joshua Adam Spears v. State of Indiana (NFP)
40A05-1405-CR-242
Criminal. Affirms conviction of Class D felony battery.
Malcolm L. Russell v. State of Indiana (NFP)
89A01-1312-CR-563
Criminal. Affirms convictions of Class A felony dealing in cocaine and Class D felony possession of marijuana.
Shawn J. Riggle v. State of Indiana (NFP)
84A04-1407-CR-341
Criminal. Affirms revocation of placement in community corrections.
Jason Lee Schwartz v. State of Indiana (NFP)
17A04-1404-CR-202
Criminal. Affirms sentence for convictions of five counts of Class B felony sexual misconduct with a minor, three counts of Class A felony child molesting, and one count each of Class A felony attempted child molesting and Class B felony attempted sexual misconduct with a minor. Remands for the abstract of judgment to be corrected.
Bogunia Electric, Inc., d/b/a Mr. Electric and Steven Bogunia v. James Yakym (NFP)
71A04-1405-CC-238
Civil collection. Affirms judgment in favor of Yakym on his complaint against Bogunia Electric for breach of contract.
Opinions Jan. 22, 2015
Indiana Supreme Court
Jason Young v. Hood's Gardens, Inc.
29S02-1405-PL-314
Civil plenary. Reverses summary judgment in favor of Hood’s Gardens that it had no secondary liability to pay workers’ compensation benefits to Jason Young, who was severely injured while removing a tree from Hood’s Gardens’ property. The "value" that triggers secondary liability under Indiana Code 22-3-2-14(b) may include the value of other property transferred in connection with the performance of services and the designated evidence shows that the contract Hood’s Gardens entered into with the tree removal company may have been more than $1,000 once the value of firewood is considered.
Justices: ‘Value’ threshold for workers’ comp liability not just direct monetary payment
The “value” attributable to the performance of work that triggers secondary liability under the Worker’s Compensation Act includes both direct monetary payment as well as any ancillary consideration received for the work, the Indiana Supreme Court ruled in a case of first impression.
Insurer had duty to defend lawsuit against Menard and loss prevention company
A trial court incorrectly granted summary judgment in favor of a loss prevention company’s insurer over whether it had a duty to defend a Menard customer’s lawsuit stemming from actions of the loss prevention specialist.
Court affirms valuation of hoof trimming business
A trial court did not abuse its discretion in ordering an ex-husband to pay a portion of an expert’s fee for valuating his hoof trimming business upon the dissolution of his marriage, the Indiana Court of Appeals held Thursday.
COA affirms Notre Dame not responsible for treatment unrelated to work injury
The Indiana Court of Appeals affirmed on Thursday the decision by the Worker’s Compensation Board that a University of Notre Dame employee had reached maximum medical improvement from her work-related injury.
Construction manager owed no duty to injured independently contracted employee
Based on the contracts between Ivy Tech Community College, the contract manager it hired and an independent contractor, no duty of care existed between the contract manager and the employees of contractors, the Indiana Court of Appeals affirmed.
Campaign finance protest, hidden camera disrupt high court
For the second time in 11 months, opponents of the Supreme Court of the United States rulings lifting limits on money in political campaigns briefly disrupted proceedings in the courtroom and embarrassed the court by managing to get a camera past court security.