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In four opinions dealing with the award of prejudgment interest under the Tort Prejudgment Interest Statute, the Indiana Supreme Court found Wednesday, among other things, that the TPIS applies to an action by an insured against an insurer to recover benefits under the insured’s underinsured motorist policy.
A survey released Thursday by the Bowen Center for Public Affairs at Ball State University shows that 81 percent of residents want job creation to be the main priority for the Indiana General Assembly in 2013. This is the third straight year that Hoosiers said jobs are the No. 1 priority.
A family who sued an Allen County attorney after finding out he did not properly obtain ownership of a railroad right-of-way in 1995 lost its appeal before the Indiana Court of Appeals because the family’s lawsuit is barred by the statute of limitations.
The 7th Circuit Court of Appeals found no reason to disturb a judgment in favor of several officers involved in a standoff and shooting death of a Fort Wayne man in 2005. Rudy Escobedo’s estate challenged the jury verdict and summary judgment for the defendants on excessive force claims.
The 7th Circuit Court of Appeals issued no Indiana opinions and the Indiana Supreme Court and Tax Court issued no opinons prior to IL deadline.
Indiana Court of Appeals
Jason Wilson v. Kelly (Wilson) Myers (NFP)
71A03-1204-DR-153
Domestic relation. Affirms order modifying primary physical custody of the parties’ two children from Wilson to Myers.
Christopher A. Merder v. State of Indiana (NFP)
19A04-1205-CR-229
Criminal. Affirms Merder is not entitled to pretrial credit for time served in Kentucky from May to August 2009, but finds Merder is entitled to pretrial credit for the period from Aug. 6, 2009, to Aug. 14, 2009. Remands for further proceedings.
James Fusco v. State of Indiana (NFP)
54A01-1204-CR-182
Criminal. Reverses sentence following revocation of probation and remands.
Tymon Brown v. State of Indiana (NFP)
49A02-1203-CR-233
Criminal. Affirms conviction of felony murder.
Earl McClendon v. State of Indiana (NFP)
49A04-1206-CR-282
Criminal. Reverses denial of motion requesting the return of a firearm. Remands with instructions.
Indiana Court of Appeals
Ponziano Construction Services, Inc. v. Quadri Enterprises, LLC
45A05-1112-CC-661
Civil collection. Reverses award of $16,000 to Ponziano on its breach of contract claim against Quadri and the denial of Ponziano’s rquest to foreclose on its mechanic’s lien. Affirms the award of $8,000 in attorney fees to Ponziano and remands with instructions to the trial court to enter judgment in favor of Ponziano for $48,483.43, order sale of the property subject to the $45,549.43 lien, and determine the existence, extent, and outcome of a potential priority dispute between Ponziano and Wells Fargo.
The Indiana Court of Appeals found a Lake Superior judge erred in denying a construction company’s request to foreclose on a mechanic’s lien after the client withheld a final payment, claiming faulty work.
Indiana’s State Office of the GAL/CASA has been awarded a $40,000 grant from the National Court Appointed Special Advocate Association. The money will be used to support local programs that provide volunteer advocacy for abused and neglected children in Indiana.
Sixteen current and former Indianapolis hotel workers have settled their union-backed lawsuit that alleged employment violations by nine area hotels and Atlanta-based Hospitality Staffing Solutions, a subcontractor that employs many hotel workers.
Chief Judge James K. Coachys in the U.S. Bankruptcy Court for the Southern District of Indiana sent a memo to the Indiana State Bar Association Wednesday explaining how budget cuts and the potential “fiscal cliff” have affected the court.
A bitter battle over the $2 billion estate of the late shopping mall tycoon Melvin Simon has ended with a confidential settlement.
The 7th Circuit Court of Appeals posted no Indiana opinons and the Indiana Supreme Court and Tax Court posted no opinions prior to IL deadline.
Indiana Court of Appeals
Paul Henry Gingerich v. State of Indiana
43A05-1101-CR-27
Criminal. Reverses conviction of Class A felony conspiracy to commit murder and remands for further proceedings. The juvenile court abused its discretion when it denied Gingerich’s request for a continuance.
Johnny Mosby v. State of Indiana (NFP)
49A02-1205-CR-403
Criminal. Affirms conviction of Class A misdemeanor operating while intoxicated.
Douglas A. Schwan v. Linda D. Schwan (NFP)
80A05-1204-DR-171
Domestic relation. Affirms division of marital property.
Phyllis Allen v. State of Indiana (NFP)
82A04-1205-CR-263
Criminal. Affirms conviction of Class A misdemeanor battery.
Richard A. Walls v. Janet Walls (NFP)
10A01-1112-DR-572
Domestic relation. Affirms determination that the real property was commingled with the marital estate and the decision to award Janet Walls a one-half interest in the real property.
Chad E. Aslinger v. State of Indiana (NFP)
68A04-1205-DR-259
Domestic relation. Reverses finding of contempt of court for failure to pay child support.
Garland Aschenbrenner, Winifred Aschenbrenner, and South Bend Carpetland USA, Inc., d/b/a Abbey Carpets and Floors v. Melvin H. Sandock Inter Vivos Revocable Trust, et al. (NFP)
71A04-1201-PL-96
Civil plenary. Vacates judgment in favor of the revocable trusts and the Sandocks that awarded damages of $180,183.11 plus attorney fees. Remands with instructions.
Steven T. Lakes v. State of Indiana (NFP)
15A01-1204-CR-186
Criminal. Affirms sentence following guilty plea to Class D felonies operating a vehicle while intoxicated with a passenger less than 18 years of age and operating a vehicle as a habitual traffic violator, and being a habitual substance offender.
Bradley S. Sater v. State of Indiana (NFP)
32A04-1204-CR-182
Criminal. Affirms conviction of Class A felony dealing in methamphetamine and remands with instructions to vacate the conviction of Class C felony possession of methamphetamine.
A not-for-profit fair housing group is suing Indianapolis-based Buckingham Cos., claiming the apartment developer has ignored government rules requiring accommodations for people with physical disabilities.
Indiana Court of Appeals
Paul Henry Gingerich v. State of Indiana
43A05-1101-CR-27
Criminal. Reverses conviction of Class A felony conspiracy to commit murder and remands for further proceedings. The juvenile court abused its discretion when it denied Gingerich’s request for a continuance.
The Indiana Supreme Court accepted none of the 12 cases before it on transfer request last week.
The state didn’t provide sufficient evidence to support convictions of Class D felony strangulation and domestic battery, the Indiana Court of Appeals held Tuesday. The court did order the domestic battery conviction entered as a Class A misdemeanor.
The Indiana Court of Appeals has reversed Paul Henry Gingerich’s conviction of Class A felony conspiracy to commit murder, finding the Kosciusko juvenile court abused its discretion in denying the then-12-year-old’s request for a continuance of a waiver hearing.
Indiana Lawyer is proud each year to recognize attorneys who make meaningful contributions to the legal profession, their communities and beyond. The Distinguished Barrister Award honors those with 15 or more years of legal experience, while the Up and Coming Lawyer Award recognizes lawyers who, early in their careers, are already making their mark.
Nominations are being accepted through Jan. 15 for Indiana Lawyer’s 2013 Leadership in Law awards. Honorees will be announced in the April 24 issue of IL and celebrated at a reception in May. Visit http://www.theindianalawyer.com/nominations to learn more about the awards, view a list of past recipients and submit a nomination. Contact editor Kelly Lucas at [email protected] or 317-472-5233 for more information.
The Indiana Supreme Court let stand a ruling by the Court of Appeals allowing blood test results to be admitted in the drunken driving fatality trial of Indianapolis Metropolitan Police Department officer David Bisard.
For-publication decisions issued today are detailed in the stories above. The Indiana Supreme Court and Tax Court released no opinions and the 7th Circuit Court of Appeals released no Indiana opinions Monday.
Indiana Court of Appeals
Darrell Woodruff v. State of Indiana (NFP)
49A02-1203-CR-247
Criminal. Affirms convictions of Class D felony criminal recklessness and Class A misdemeanor resisting law enforcement.
Term. of the Parent-Child Rel. of A.R., et al. (Minor Children); and T.M. (Mother) v. The Indiana Dept. of Child Services (NFP)
52A02-1205-JC-388
Juvenile. Affirms finding that the four minor children were children in need of services.
Henry Lee Smith, Jr. v. State of Indiana (NFP)
71A03-1204-CR-148
Criminal. Affirms conviction of Class B felony battery.
In Re: the Paternity of E.M.T.; C.J.G. v. M.C.T. (NFP)
48A02-1203-JP-260
Juvenile. Affirms denial of father’s request to change E.M.T.’s surname.
Darnell C. Miller, Sr. v. State of Indiana (NFP)
02A05-1110-PC-703
Post conviction. Affirms denial of petition for post-conviction relief.
Paul Jackson v. State of Indiana (NFP)
48A05-1205-CR-223
Criminal. Affirms sentence following guilty plea to Class C felony robbery.
Stacey Huddleston, Jr. v. State of Indiana (NFP)
20A03-1204-CR-152
Criminal. Affirms conviction and sentence for murder.
Guardianship of L.R.T. and A.J.B.; R.L. and P.L. (Guardians) v. A.B. and R.B. (Parents)
39A04-1208-GU-398
Guardianship. Affirms order terminating guardianship of L.T. and A.J.B. upon the motion of mother A.B.
The following opinion was posted after IL deadline Friday.
Indiana Tax Court
Miller Pipeline Corporation v. Indiana Dept. of State Revenue (NFP)
49T10-1012-TA-64
Tax. Denies Department of State Revenue’s motion for summary judgment on Miller Pipeline Corp.’s appeal of the department’s final determination denying its claim for refund of gross retail (sales) and use tax paid between 2005 and 2007.