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Faegre Baker Daniels LLP partner James M. Carr has been appointed to a 14-year term as U.S. Bankruptcy Judge in the U.S. District Court for the Southern District of Indiana. Carr joins the bench Jan. 1.
After hearing arguments Oct. 24 in a dispute between former shareholders of a company and the new owners over what assets the new owners should receive, the Indiana Supreme Court decided that the Court of Appeals decision should stand.
A Wabash-based company that relocates oversized factory machinery won a partial victory in the Indiana Tax Court Tuesday. Judge Martha Wentworth ordered the Indiana State Department of Revenue to reassess the company’s tax obligations after finding some property should be considered exempt.
The following are not-for-publication decisions released by IL deadline. For publication opinions are detailed in the opinion stories above.
Indiana Court of Appeals
Kevin Reaves v. State of Indiana (NFP)
49A02-1202-CR-131
Criminal. Affirms convictions of Class B felony burglary and Class D felony theft.
In the Matter of the Revocable Trust of Mary Ruth Moeder (NFP)
49A02-1205-TR-377
Trust. Affirms order modifying the trust agreement.
Thomas R. Clements v. State of Indiana (NFP)
20A03-1204-CR-161
Criminal. Affirms denial of verified petition for permission to file a belated notice of appeal.
State of Indiana v. Christopher Holloway (NFP)
49A02-1203-CR-240
Criminal. Reverses revision of Holloway’s sentence and remands with instructions to reinstate the original sentence.
Demetriese Gunn v. State of Indiana (NFP)
49A02-1202-CR-152
Criminal. Affirms convictions of Class C felony neglect of a dependent and Class D felony strangulation.
Indiana Supreme Court
Lisa J. Kane v. State of Indiana
30S04-1206-CR-372
Criminal. Reverses conviction of Class D felony receiving stolen property and remands for retrial. The trial court improperly instructed the jury on the mental state required to convict Kane.
The Indiana Supreme Court found that a final jury instruction in a woman’s trial for receiving stolen property did not correctly state the law, and it remanded for a new trial.
Chief Judge Margret Robb dissented from her colleagues on the Court of Appeals Tuesday as to whether approval of a contract for the purchase and sale of substitute natural gas must be voided in its entirety because the contract definition of “retail end use customer” differs from the statutory definition.
Court of Appeals judges on Tuesday focused their questions on whether a 12-year-old waived to adult court in a 2010 murder had due process when his attorneys had just five days to prepare for a waiver hearing in juvenile court in Kosciusko County.
The Indiana Court of Appeals has ordered the Department of Workforce Development to reinstate the original contribution rates for unemployment insurance experience accounts of a parent company and its subsidiaries. The DWD should not have combined the accounts and adjusted the rates following a merger.
A Lake Superior judge did not err when he allowed a witness to testify on behalf of the party bringing a medical malpractice complaint against a doctor nor in excluding the testimony of the doctor’s expert witness due to untimely disclosure, the Indiana Court of Appeals held Tuesday.
When Nathaniel Kappel died, it led to a dispute in the family as to who is entitled to insurance payouts on policies that Nathaniel Kappel and his brother William took out on each other in 1996. The Court of Appeals agreed with the probate court that Nathaniel Kappel’s estate is not entitled to funds from either man’s policy.
The number of cases filed in Indiana courts in 2011 is the lowest since 2004, according to exhaustive data in the annual Judicial Service Report released Monday.
A federal judge has approved the largest class-action settlement to come out of an Indianapolis court, paying $90 million to former Anthem Inc. policyholders.
The following are not-for-publication opinions released by IL deadline.
Indiana Court of Appeals
Aaron Shelton v. State of Indiana (NFP)
02A05-1112-CR-665
Criminal. Affirms convictions of one count of possession of methamphetamine and two counts of possession of a controlled substance, all Class D felonies.
Cheryl E. Webb f/k/a Cheryl E. Wilder and G. Cameron Taylor v. The Bank of New York Mellon (NFP)
49A02-1112-MF-1142
Mortgage foreclosure. Affirms order denying Wilder’s and Taylor’s motion for summary judgment and the grant of summary judgment in favor of the bank. Remands with instructions that the trial court recalculate the amount to award to the bank consistent with this opinion. Chief Judge Margret Robb dissents.
Indiana Court of Appeals
Betty J. Angel v. Kent H. Powelson and Marjorie A. Powelson
82A04-1205-PL-292
Civil plenary. Affirms order granting part of the Powelsons’ summary judgment motion on Angel’s claims of reformation of a deed and adverse possession. The undisputed evidence shows that both Angel and the Powelsons were granted an easement to use the roadway and both used it for ingress and egress purposes. The evidence also supports Angel’s claim for reformation of a deed is barred by laches.
Because the state relied on the same evidence to convict a Marion County man of three domestic battery or battery charges, the Indiana Court of Appeals vacated two misdemeanors. The judges also found no fundamental error in his sentencing or by the prosecutor during trial.
Indiana University Robert H. McKinney School of Law has created a graduate certificate which will allow students the chance to specialize in health law.
The Indiana Supreme Court will hear a case that divided the Court of Appeals on whether the victims in a car accident failed to provide notice to a government-funded agency under the Indiana Tort Claims Act.
A Vanderburgh County woman who filed a lawsuit for reformation of a deed 46 years after receiving the warranty deed lost her appeal of a trial court ruling in favor of neighboring property owners.
The third murder trial of former Indiana State Trooper David Camm will be held in Boone County.