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The Indiana Supreme Court will determine what exactly the phrase “dependent upon such person” modifies. The high court accepted a certified question on the matter from the United States Bankruptcy Court for the Northern District of Indiana.
General Motors Co.’s delayed decision to recall almost 2.6 million cars for ignition-switch defects is being investigated by Indiana Attorney General Greg Zoeller, a spokeswoman for his office said. IBJ.com has more on the attorney general's investigation.
Indiana Court of Appeals
Ajayi Folajuwoni v. State of Indiana (NFP)
49A02-1306-CR-556
Criminal. Affirms convictions of Class A misdemeanor voyeurism, Class B misdemeanor battery and Class B felony attempted deviate conduct.
In Re the Paternity of C.B.: F.M. v. N.B. (NFP)
71A04-1309-JP-492
Juvenile. Affirms grant of father’s petition to award him primary custody of child and the order mother pay $5,000 of father’s attorney fees.
In the Matter of the Termination of the Parent-Child Relationship of A.R. and K.R., Minor Children, and B.W., Mother, B.W. v. Indiana Department of Child Services, et al (NFP)
45A05-1307-JT-335
Juvenile. Affirms order terminating parental rights.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Shannon Robinson and Bryan Robinson v. Erie Insurance Exchange
49S02-1311-PL-733
Civil plenary. Affirms summary judgment in favor of Erie Insurance on the issue of whether its automobile policy provided uninsured motorists coverage for automobile property damaged caused by a hit-and-run driver where no personal injury resulted. Because personal injury did not result in the accident, the Erie policy does not provide uninsured motorist coverage with respect to the property damage sustained by the Robinsons’ vehicle.
Saying “the time is right for this transition,” Chief Justice Brent Dickson announced Wednesday he would relinquish his leadership of the state Supreme Court but will remain as an associate justice until he faces mandatory retirement in just over two years.
The Indiana Court of Appeals affirmed the suppression of evidence found at a Tippecanoe County home by community corrections officers, finding the roommate of the man on home detention had a reasonable expectation of privacy.
Finding a 28-year extension of a protective order to be unreasonable, the Indiana Court of Appeals ordered the trial court to determine a “reasonable extension.”
The Indiana Court of Appeals affirmed that a central Indiana organization and its president did not defame the former president of Junior Achievement of Central Indiana or tortiously interfere with a business relationship.
The movement to convene a constitutional convention aimed at reining in the power of the federal government is coming to Indianapolis June 12 and 13.
Indiana Chief Justice Brent Dickson announced Wednesday that he will step down as chief justice sometime before Sept. 1. Dickson plans on staying on the Supreme Court as an associate justice until he reaches the mandatory retirement age of 75 in July 2016.
The Indiana Supreme Court Tuesday affirmed summary judgment for an insurance company that its motor vehicle policy issued to a family does not provide uninsured motorists coverage in a hit-and-run accident.
Indiana Court of Appeals
Kevin M. Barber v. State of Indiana (NFP)
53A01-1310-CR-464
Criminal. Affirms denial of motion to correct erroneous sentence.
Latoya C. Lee v. State of Indiana (NFP)
49A02-1310-CR-867
Criminal. Affirms convictions and sentence for Class B felony attempted aggravated battery but remands with instructions to correct error in the abstract of judgment.
Robert F. Petty v. State of Indiana (NFP)
72A05-1310-CR-538
Criminal. Affirms conviction of Class B felony unlawful possession of a firearm by a serious violent felon.
Michael A. Riley v. Oscar and Linda Sandlin (NFP)
32A01-1310-PL-453
Civil plenary. Affirms judgment in favor of the Sandlins on Riley’s action alleging conversion.
Ted Mueller, Jr. v. State of Indiana (NFP)
82A05-1305-CR-240
Criminal. Affirms convictions of murder and Class C felony conspiracy to commit robbery.
Dwayne Anderson v. State of Indiana (NFP)
49A04-1309-CR-468
Criminal. Affirms conviction of possession of marijuana as a Class A misdemeanor.
Brandon Kincheloe v. State of Indiana (NFP)
03A05-1312-CR-640
Criminal. Dismisses appeal filed after Kincheloe’s petition was revoked.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
7th Circuit Court of Appeals
Eric Grandberry v. Brian Smith, superintendent, Plainfield Correctional Facility
12-2081
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge William T. Lawrence.
Civil. Reverses discipline and revocation of 30 days of Grandberry’s good-time credits for unauthorized use of an electronic device. Remands with instructions to issue a writ of habeas corpus restoring Grandberry’s good-time credits. Library staff asked him to use the computer to fill out forms that he was not supposed to complete as head inmate law clerk.
The Indiana Court of Appeals affirmed a trial court’s judgment regarding indemnification clauses and coverage under insurance policies. The issue came before the trial court after a worker sought compensation for severe injuries he sustained when he was electrocuted on the construction site of a Wal-Mart in Boone County.
The head inmate law clerk at an Indiana correctional facility is entitled to the 30 days of good-time credit that the prison revoked after finding he used the library’s computers without authorization. But the inmate was just following orders from prison library staff, the 7th Circuit Court of Appeals pointed out.
The United States Bankruptcy Court for the Southern District of Indiana is accepting new volunteers who would like to work on the court’s Bankruptcy Pro Bono Panel.
The Indiana Court of Appeals ruled Tuesday that Indiana students cannot be charged to ride the bus to and from school. The judges found an arrangement between a school corporation and a private company that required parents to pay for their children to ride the bus violated the state constitution.
Kelly Vaughn alleges in a federal discrimination lawsuit that Radio One showed preferential treatment to male co-worker Amos Brown by firing her but retaining him after they worked on an outside project. IBJ.com has more on the lawsuit.
Indiana Court of Appeals
Michael Dustin Moore v. State of Indiana (NFP)
47A01-1308-CR-350
Criminal. Affirms conviction of Class B felony dealing in a Schedule I controlled substance.
Jarod G. Allred v. State of Indiana (NFP)
65A01-1309-CR-393
Criminal. Reverses two convictions of Class B felony dealing in a Schedule III controlled substance. Judge Bailey dissents.
Nathaniel Baston v. State of Indiana (NFP)
85A05-1311-CR-559
Criminal. Affirms revocation of probation.
In the Matter of the Adoption of H.S. and D.S., R.S. v. V.C. and M.C. and D.S. and S.S. (NFP)
85A02-1311-AD-996
Adoption. Affirms order granting petitions to adopt H.S. and D.S.
In the Matter of Commitment of E.L., E.L. v. Indiana University Health-Bloomington Hospital and Terri Klingelhoefer, MA, LSW (NFP)
53A05-1311-MH-571
Mental health. Dismisses appeal of temporary involuntary commitment since the commitment ended Jan. 13.
Bageera Taylor, Jr. v. State of Indiana (NFP)
76A04-1307-CR-328
Criminal. Reverses sentence for Class D felonies strangulation and residential entry and remands for further proceedings. Judge Robb dissents.
The Indiana Supreme Court, Court of Appeals and Tax Court posted no opinions Monday prior to IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions Monday before IL deadline.
7th Circuit Court of Appeals
Matthew Whitfield v. International Truck and Engine Corp.
13-1876
U.S. District Court, Southern District of Indiana, Indianapolis Division, Chief Judge Richard L. Young.
Civil. Affirms in part and reverses in part ruling in favor of International Truck and Engine Corp. on Whitfield’s action alleging discrimination in failure to hire and violations of the Civil Rights Act. The District Court ignored some evidence or made conclusions not supported by the evidence. Remands for further proceedings.