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The 7th Circuit Court of Appeals ruled against a group of businesses that sued an insurance company claiming its failure to adequately pay G&S Metal Consultants Inc. following an explosion at the GSMC Georgia plant led to the plaintiffs suffering financial losses.
The Indiana Court of Appeals concluded Thursday that portions of a man’s lawsuit alleging false imprisonment, malicious prosecution and other claims against his ex-wife and the city of Bloomington may continue. The trial court had dismissed all claims against the parties, which includes Monroe County.
Indiana Chief Justice Brent Dickson has signed off on the 2013 master list for jury pool assembly. The Judicial Technology & Automation and Jury committees merged data from the Bureau of Motor Vehicles and Department of Revenue to create the list. Any obvious duplicate information, errors or nonqualified persons were removed.
An Elkhart man is entitled to a new trial on drug charges after the Indiana Court of Appeals found the police failed to “scrupulously honor” his right to remain silent.
The Indiana Court of Appeals held that the party at-fault in an auto accident is not entitled to benefit from the injured party’s “carefulness and assiduousness” in obtaining underinsured motorist insurance coverage.
7th Circuit Court of Appeals posted no opinions at IL deadline.
Indiana Supreme Court and Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
Kenneth Kelly v. State of Indiana (NFP)
30A01-1112-PC-612
Post conviction. Affirms denial of petition for post-conviction relief.
Bruce Kevin Pond v. State of Indiana (NFP)
90A05-1202-CR-73
Criminal. Affirms sentence for voluntary manslaughter as a Class A felony.
Indiana Court of Appeals
Michael Carpenter v. State of Indiana
85A05-1202-CR-57
Criminal. Affirms conviction of Class B felony conspiracy to commit dealing in methamphetamine. The police officers did not violate Carpenter’s Fourth Amendment rights when they entered the house’s curtilage pursuant to an arrest warrant and looked into the bathroom window. The officers also did not violate his rights under the Indiana Constitution.
The board of directors of the Indiana Judicial Conference approved proposed changes to the state’s parenting time guidelines Sept. 14 and sent them to the Supreme Court for review. However, the guidelines were sent on without any suggestions on parenting coordination.
The Indiana Court of Appeals has found that Greensburg-based Custom Conveyor Inc. is only entitled to recover about a tenth of the original $1.4 million awarded to it on breach of contract and warranty claims the company made against a subcontractor regarding work on the Indiana Honda plant.
Duane Turner will spend the rest of his life in prison for murdering a Ball State student in 1994. The Indiana Court of Appeals rejected his claims that his sentence was unconstitutional and that his attorney was ineffective.
An inmate at the Pendleton Correctional Facility can have his visitation restricted to non-contact visits due to committing battery with a deadly weapon and violating disciplinary procedures, the Court of Appeals concluded.
The Indiana Court of Appeals concluded Wednesday that a Bartholomew Superior judge did not err in denying partial summary judgment on the issue of whether two physicians working as independent contractors were the apparent agents of Columbus Regional Hospital.
North Manchester resident Michael Carpenter lost his attempt before the Indiana Court of Appeals to have evidence tossed out that was collected when police officers arrived at his home attempting to serve an arrest warrant for a different man. Police believed the man being sought lived at Carpenter’s residence.
7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.
Indiana Supreme Court and Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
Marlon Sims v. State of Indiana (NFP)
49A02-1203-CR-183
Criminal. Affirms sentence for Class C felony robbery, Class D felony criminal confinement and finding Sims is a habitual offender.
Trenell C. Bright v. State of Indiana (NFP)
02A05-1203-CR-124
Criminal. Affirms convictions and sentences for four counts of dealing in cocaine or narcotic drug, one as a Class A felony and three as Class B felonies.
Sergio Sandoval v. State of Indiana (NFP)
02A02-1111-CR-1113
Criminal. Affirms conviction of Class B felony neglect of a dependent.
Robert Taylor v. State of Indiana (NFP)
49A02-1201-CR-50
Criminal. Affirms conviction of Class B felony rape.
In Re the Estate of Theresa Burnham; James Burnham v. Paulette Labean, Personal Representative of the Estate of Theresa Burnham (NFP)
71A03-1201-ES-30
Estate, supervised. Affirms denial of James Burnham’s petition to take a statutory intestate share of the estate of Theresa Burnham, his estranged wife.
Tavario Baskin v. State of Indiana (NFP)
20A03-1202-PC-79
Post conviction. Affirms denial of petition for post-conviction relief.
Indiana Court of Appeals
Marlon Sims v. State of Indiana (NFP)
49A02-1203-CR-183
Criminal. Affirms sentence for Class C felony robbery, Class D felony criminal confinement and finding Sims is a habitual offender.
The Indiana Supreme Court decided not to add any cases to their docket last week. The justices declined transfer to seven cases, including a lawsuit filed by a grandmother against her former attorney because he didn’t sue her grandson’s school.
The Indiana justices have issued several orders amending the rules of court. Among them is a change that allows the Disciplinary Commission to seek reimbursement from attorneys who have resigned or been disbarred.
The Department of Child Services announced Monday that it will fund a two-month pilot program that will utilize local services to provide help for juveniles with mental health issues.
Indiana Supreme Court and Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
Todd J. Posar v. Paula M. Posar (NFP)
71A04-1201-DR-38
Domestic relation. Reverses order granting Paula Posar’s Trial Rule 60(B) motion for relief from judgment pertaining to an order establishing Todd Posar’s college expense arrearage as of that date. Remands with instructions.
Sarah L. Thompson v. State of Indiana (NFP)
02A04-1204-CR-176
Criminal. Affirms conviction of Class C felony battery.
Kyle Lynch v. State of Indiana (NFP)
79A02-1112-CR-1175
Criminal. Affirms conviction and sentence for Class A felony child molesting.
Cory J. Pinkerton v. State of Indiana (NFP)
35A02-1202-CR-94
Criminal. Affirms five-year sentence enhancement imposed under I.C. 35-50-2-11 subsequent to Pinkerton’s conviction of Class C felony reckless homicide.
Jason Middleton v. State of Indiana (NFP)
70A01-1202-CR-69
Criminal. Affirms convictions and sentence for Class D felony possession of methamphetamine and Class A misdemeanor possession of paraphernalia.
Geramy Ridley v. State of Indiana (NFP)
49A04-1202-CR-89
Criminal. Affirms conviction and sentence for Class B felony unlawful possession of a firearm by a serious violent felon.
Kent A. Easley v. Indiana Dept. of Correction, et al. (NFP)
49A02-1202-PL-220
Civil plenary. Affirms dismissal of lawsuit.
Rolando Miguel-Gaspar Mateo v. State of Indiana (NFP)
09A04-1201-CR-17
Criminal. Affirms conviction and sentence for Class B felony aggravated battery.
Perry Odum v. State of Indiana (NFP)
30A01-1203-CR-102
Criminal. Affirms convictions of Class C felony burglary and Class D felony theft.
7th Circuit Court of Appeals
Fred E. Dowell v. United States of America
10-2912
U.S. District Court, Southern District of Indiana, Evansville Division, Chief Judge Richard L. Young.
Civil. Remands with instructions for the District Court to make a determination as to whether Dowell told his attorney to file an appeal to contest whether he was a career offender. Dowell claimed his plea agreement specifically reserved his right to appeal the career offender designation, but his attorney did not file the appeal.