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Indiana Court of Appeals
Term. of the Parent-Child Rel. of: S.B. (Minor Child) and W.G. (Father) v. The Indiana Dept. of Child Services, and Child Advocates, Inc. (NFP)
49A02-1208-JT-663
Juvenile. Affirms involuntary termination of parental rights.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
7th Circuit Court of Appeals
Koransky, Bouwer & Poracky P.C. v. The Bar Plan Mutual Insurance Co.
12-1579
U.S. District Court, Northern District of Indiana, Judge William C. Lee.
Civil. Affirms summary judgment for The Bar Plan and the denial of Koransky Bower & Poracky’s motion for summary judgment on whether The Bar Plan had to represent the law firm or indemnify it on a client’s malpractice claim. The law firm’s knowledge of the email exchange with the seller’s counsel in February and the Alabama declaratory judgment action filed March 14 constituted knowledge of “any circumstance, act or omission that might reasonably be expected to be the basis of” a malpractice claim by the firm’s client. The firm did not notify The Bar Plan in a timely manner.
A proposal to expand Indiana’s school voucher program moved to the full Senate on Tuesday, but not before opponents said the unknown costs and impact of the bill amounted to a fiscal cliff for the state and a bailout of private religious schools.
The Indiana Supreme Court agreed last week to take three cases – an environmental damages lawsuit, an insurance dispute and a woman’s challenge to her drug charges.
Former Justice Frank Sullivan will mediate a dispute over a Lake Superior Court judgeship vacancy, the Indiana Supreme Court ordered Monday.
Indiana Court of Appeals
Daniel G. Suber & Associates v. Edward Smith (NFP)
45A04-1205-CT-278
Civil tort. Affirms grant of Smith’s motion to enforce an equitable lien and the award of attorney fees. Denies Smith’s request for appellate attorney fees.
Edward E. Wroblewski v. Linda M. (Wroblewski) Cain (NFP)
33A01-1204-DR-170
Domestic relation. Affirms judgment issued in favor of Linda Cain resolving various petitions and motions related to the post-secondary education component of the parties’ child support obligations.
Aaron Ingle v. State of Indiana (NFP)
49A02-1206-CR-538
Criminal. Affirms convictions of three counts of Class D felony neglect of a dependent.
Rickie B. Gilliam v. State of Indiana (NFP)
79A02-1206-CR-482
Criminal. Affirms convictions and sentence for two counts of Class A felony attempted murder and one count of Class B felony possession of a firearm by a serious violent felon.
Charles Dunmore v. State of Indiana (NFP)
34A02-1209-CR-769
Criminal. Affirms convictions of Class D felony possession of cocaine and Class A misdemeanor resisting law enforcement.
Trivest Partnership, L.P. v. James Gagan, Fred Wittlinger, Jack Allen and Eugene Deutsch (NFP)
45A03-1205-CT-208
Civil tort. Affirms denial of Trivest Partner’s motion for attorney fees against Gagan, Wittlinger, Allen and Deutsch.
Fayette County Board of Commissioners v. Howard Price (NFP)
21A04-1208-PL-434
Civil plenary. Affirms denial of the board of commissioner’s motion for summary judgment after the court concluded that the board’s decision not to reappointment Price as director of highway operations was a quasi-judicial decision that is subject to judicial review.
Baldemar Lopez Saldana v. State of Indiana (NFP)
20A05-1203-PC-128
Post conviction. Remands with instructions to dismiss Saldana’s appeal for relief from a ruling entered against him.
In the Matter of the Termination of the Parent-Child Relationship of: W.S.; B.B. v. Indiana Department of Child Services (NFP)
34A02-1210-JT-867
Juvenile. Affirms termination of parental rights.
Andrew Ray Golden v. State of Indiana (NFP)
40A05-1205-CR-243
Criminal. Affirms convictions of Class A felony manufacturing methamphetamine within 1,000 feet of a public park and Class D felony unlawful possession of a hypodermic needle.
The Indiana Supreme Court and Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Indiana Court of Appeals
Roche Diagnostics Operations, Inc. v. Marsh Supermarkets, LLC
29A02-1201-PL-4
Civil plenary. Affirms judgment in favor of Marsh Supermarkets. The trial court did not abuse its discretion in awarding Marsh damages based on Roche’s rental obligation under the 18-year term of the sublease after Roche terminated it over a subordination non-disturbance and attornment agreement. Judge Crone dissents.
The Indiana Court of Appeals upheld judgment Monday in favor of Marsh Supermarkets LLC on its complaint alleging that Roche breached a contract to sublease space in the Fishers building that houses Marsh’s headquarters.
The Indiana Court of Appeals granted the state’s petition for rehearing in a case in which the judges ruled a man shouldn’t have had his truck taken by the state because he sold pirated movies from it. But the appellate court again ruled in favor of Michael Curtis.
Joseph Corcoran, who has been sentenced to death for killing four men in 1997, will be allowed to appeal the denial of his petition for habeas corpus to the 7th Circuit Court of Appeals.
The Indiana Supreme Court, Court of Appeals and Tax Court were closed Friday in observance of Good Friday.
7th Circuit Court of Appeals
Phillip Jackson and Deborah Jackson v. Bank of America Corp., et al.
12-3338
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms dismissal of the Jacksons’ action to quiet title and claims that all or some of the defendants negligently evaluated the Jacksons’ ability to repay the loan and that the loan contract was substantively and procedurally unconscionable. The Jacksons can’t show that the institutions actually owed them a duty, and they failed to allege facts that would support any unconscionability determination in Indiana.
The 7th Circuit Court of Appeals affirmed the denial of a defendant’s request to reduce his sentence after he pleaded guilty to distributing crack cocaine. The judges also pointed out concerns with the use of a form order in his case.
Senate Appropriations Chairman Luke Kenley, R-Noblesville, on Thursday signaled he supported a boost in funding for the Odyssey case management system and other court technology functions, after proposed funding was reduced in the House budget plan.
A Hamilton County couple who went into default on their home mortgage loan had the dismissal of their action to quiet title and claims of negligence and unconscionability upheld Friday by the 7th Circuit Court of Appeals.
U.S. Judge Sarah Evans Barker has ruled that the state can’t enforce two sections of the Indiana law dealing with immigration: one dealing with arrests and one dealing with the use of consular identification cards for identification.
The first comprehensive overhaul of Indiana’s felony statutes in more than 35 years passed the Senate Committee on Corrections and Criminal Law Thursday by a vote of 8-1.
Indiana Tax Judge Martha Wentworth granted summary judgment to Caterpillar Inc. Thursday, finding the company’s foreign source dividends are deductible in calculating its state net operating losses available for carryover as a deduction from taxable income in future years.
A modest increase requested over the next two budget cycles won’t include technical upgrades to allow webcasts of traveling Court of Appeals oral arguments, Chief Judge Margret Robb told the Senate Appropriations Committee on Thursday.
Indiana Court of Appeals
Howard Osborne and Kimberly Easterday v. Tina R. Berger and Carla Hill, co-personal representatives of the Estate of Elbert H. Osborne, deceased (NFP)
85A04-1209-ES-482
Estate. Affirms order which approved the co-personal representatives’ amended petition for a final account in the estate.
Jami M. Martin v. State of Indiana (NFP)
03A01-1209-CR-402
Criminal. Affirms sentence for Class D felonies possession of cocaine and maintaining a common nuisance.
Jamarcus Cain v. State of Indiana (NFP)
02A03-1207-CR-335
Criminal. Affirms conviction of Class C felony carrying a handgun without a license.
Daymon Holbert v. State of Indiana (NFP)
49A05-1209-PC-455
Post conviction. Affirms denial of petition for post-conviction relief.
J.W. v. Review Board of the Indiana Dept. of Workforce Development and DeGood Dimensional Concepts, Inc. (NFP)
93A02-1205-EX-432
Agency action. Affirms denial of claim for unemployment benefits.
William Baxter v. State of Indiana (NFP)
49A04-1205-PC-248
Post conviction. Affirms denial of petition for post-conviction relief.
Steven Reynolds v. State of Indiana (NFP)
29A04-1208-CR-423
Criminal. Affirms conviction of Class D felony intimidation.
Tyrone Bell v. State of Indiana (NFP)
71A05-1207-CR-393
Criminal. Affirms conviction of Class D felony theft and the habitual offender enhancement.
William J. Caudill v. State of Indiana (NFP)
20A03-1206-CR-274
Criminal. Affirms conviction of Class D felony battery resulting in bodily injury.
Ricky Outlaw v. Indiana Dept. of Corrections, Keith Butts, Rick Talley, Bruce Lemon, and Alan Finnan (NFP)
48A02-1210-CT-889
Civil tort. Affirms dismissal of negligence complaint Outlaw filed against the Indiana Department of Correction, Commissioner Bruce Lemmon, Superintendent Alan Finnan, and Ricky Talley, in their individual and official capacities.
Term. of the Parent-Child Rel. of D.K. (Minor Child) and B.K. (Mother) and D.B.K. (Father) v. The Indiana Dept. of Child Services (NFP)
82A01-1208-JT-367
Juvenile. Affirms termination of 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.