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Opinions Jan. 8, 2013

7th Circuit Court of Appeals
West Bend Mutual Insurance Co. v. Arbor Homes LLC
12-2274
U.S. District Court, Southern District of Indiana, Indianapolis Division, Magistrate Judge Tim A Baker. Affirms District Court ruling in favor of West Bend Mutual Insurance that it has no duty to defend or indemnify Arbor Homes. Arbor Homes agreed to a settlement with homeowners without obtaining the prior consent of West Bend after raw sewage backed up into their brand new home.

ITT agrees to pay Sallie Mae $46M to settle suit

Carmel-based ITT Educational Services Inc., one of the largest operators of for-profit colleges in the nation, has agreed to pay Sallie Mae Corp. $46 million to settle litigation related to a loan agreement between the two parties.

AG sues Carmel business over undelivered Colts, sports memorabilia

A Carmel business and its owner face a state consumer protection lawsuit over accusations that the company bilked customers who used its website to pay for autographed photos and memorabilia of Indianapolis Colts player Reggie Wayne and former Colts Peyton Manning and Gary Brackett.

General Assembly begins 2013 session

The Indiana General Assembly convenes for the 2013 legislative session today with a new governor, many first-time legislators and a Republican supermajority in both the House of Representatives and the Senate.

Judge gets private reprimand

Four months after the Indiana Judicial Qualifications Commission filed charges against St. Joseph Probate Judge Peter Nemeth, the JQC and the judge have agreed to a private reprimand.

Opinion Jan. 4, 2013 ILD

Indiana Court of Appeals
Rori Property Holdings, LLC, et al. v. McCullough Construction Company, Inc. (NFP)
29A02-1204-PL-325
Civil plenary. Affirms trial court judgment in favor of McCullough Construction on its after-recorded mechanic’s lien and dismisses Rori Property’s appeal of judgment as it’s untimely and also dismisses appeal of denial of motion for relief from judgment.  

Sherry K. Kohues v. State of Indiana (NFP)
30A04-1208-CR-393
Criminal. Affirms revocation of probation and remands for an amendment of the abstract of judgment to reflect good time credit.  

Ricky J. Gellinger v. State of Indiana (NFP)
48A04-1204-CR-200
Criminal. Affirms revocation of probation.
 

Opinions Jan. 4, 2013

Indiana Court of Appeals
State of Indiana v. Daniel E. Riley
78A05-1206-CR-311
Criminal. Reverses dismissal of Class B misdemeanor battery charges. Because the information was proper even with Indiana Gaming Agent Audrey Smoot as an affiant, and because there appears to have been no other basis for the dismissal (other than possibly a mistaken belief that an unauthorized investigation would affect the information), the trial court abused its discretion in granting the dismissal.

School safety bill introduced into General Assembly

Calling it a “good first step” for school safety, Indiana Attorney General Greg Zoeller outlined a proposed bill that would create a uniform standard for the school resource officers.

Opinions Jan. 3, 2013 ILD

The Indiana Supreme Court, Court of Appeals and Tax Court posted no opinions by IL deadline.
 

Opinions Jan. 3, 2013

7th Circuit Court of Appeals
United States of America v. Juan Ramirez-Fuentes
12-1494
U.S. District Court, Northern District of Indiana, Hammond Division, Chief Judge Philip P. Simon.
Criminal. Affirms convictions and 295-month sentence for possession with the intent to distribute 500 grams or more of methamphetamine and possessing firearms in furtherance of a drug-trafficking crime. Finds no plain error in admitting testimony about the possession of firearms, but testimony classifying the drug as “Mexican” methamphetamine shouldn’t have been allowed. Finds judge considered family situation when sentencing Ramirez-Fuentes.

Judge: DOC treatment of mentally ill unconstitutional

A lack of basic treatment for mentally ill Indiana Department of Correction inmates held in isolation violates the U.S. Constitution’s Eighth Amendment prohibition of cruel and unusual punishment, a federal judge ruled Monday.