5 finalists named for St. Joseph judgeship
The St. Joseph County Superior Court Judicial Nominating Commission has selected the five finalists to fill an upcoming vacancy on the court when Chief Judge Michael P. Scopelitis retires in June.
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Opinions March 19, 2013 ILD
Indiana Court of Appeals
Derek F. Williams v. State of Indiana (NFP)
14A01-1205-CR-201
Criminal. Affirms murder conviction and sentence.
Alyse McGlaughlin and Connie Kleiner v. Jennifer M. McGlaughlin, State Farm Mutual Automobile Ins. Co., and Roger McGlaughlin (NFP)
49A02-1208-PL-677
Civil plenary. Affirms denial of a motion to correct error following the grant of summary judgment in favor of State Farm after the court reasoned that State Farm was entitled to complete set-off of any payment it would have owed to the appellants under the uninsured motorist endorsement they had purchased from State Farm because Alyse McGlaughlin settled with a third-party’s insurer for an amount equal to the UM endorsement’s policy limits.
First Financial Bank, National Assn., Hamilton, Ohio, as Successor in Interest to Federal Deposit Ins. Corp., Receiver of Irwin Union Bank and Trust Co. v. Fred L. Paris and Michelle S. Paris (NFP)
41A05-1209-MF-474
Mortgage foreclosure. Reverses order denying First Financial’s motion for summary judgment on its claims against the Parises and remands for further proceedings.
Jeremy L. Musall v. State of Indiana (NFP)
61A01-1208-CR-371
Criminal. Affirms sentence for murder, felony murder, two counts of Class A felonies burglary and rape, and one count of Class A felony kidnapping.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
Opinions March 19, 2013
7th Circuit Court of Appeals
Frontier Insurance Company v. J. Roe Hitchcock, Timothy S. Durham and Terry G. Whitesell
11-3510
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Civil. Affirms order the guarantors Hitchcock, Durham and Whitesell deposit with the clerk more than $1.5 million regarding a surety bond issued by Frontier Insurance. The guarantors must keep their promise to post collateral on Frontier’s demand.
Former dean named interim dean at Valparaiso University Law School
A nationally recognized authority on constitutional law and civil rights has taken the leadership position at Valparaiso University Law School.
Durham, other guarantors must post collateral on bond
The 7th Circuit Court of Appeals ruled Tuesday that Tim Durham and two other men who promised to indemnify and post collateral on a surety bond issued by Frontier Insurance Co. must post collateral on that bond.
Nursing student loses appeal of dismissal from Purdue
A nursing student at Purdue University’s Fort Wayne campus was unable to convince the Indiana Court of Appeals Tuesday that the university and officials violated her due process rights and breached a contract with her when they dismissed her from the program due to behavioral difficulties.
Justices take child support case
The Indiana Supreme Court granted transfer to just one case last week, a not-for-publication decision out of the Indiana Court of Appeals dealing with a parent’s financial obligations to his children.
Klein named dean of IU McKinney School of Law
Andrew R. Klein has been appointed dean of the Indiana University Robert H. McKinney School of Law.
Despite constitutional concerns, judicial nomination bill advances
Proposed changes to the panel that recommends judges for the Indiana Supreme Court and Court of Appeals advanced to the House floor Monday, but not before some lawmakers said they reserved judgment on whether the measure was constitutional.
Opinions March 18, 2013 ILD
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.
Opinions March 18, 2013
Indiana Court of Appeals
Carmeuse Lime & Stone and Carmeuse Lime, Inc. v. Illini State Trucking, Inc.
45A03-1211-CC-462
Civil collection. Affirms the trial court order dismissing Carmeuse Lime & Stone’s and Carmeuse Lime Inc.’s complaint in favor of Illini State Trucking, Inc. regarding indemnification. Illini did not waive its ability to raise the forum selection clause with the court.
COA affirms Pennsylvania proper forum for complaint
The Indiana Court of Appeals ruled Monday that a producer of limestone and other products must file its complaint for indemnification in Pennsylvania based on its contract with a trucking company, and not Lake County, Ind.
Reagan administration counsel to participate in symposium at McKinney
A former Reagan administration official will join the group of academic, government and business leaders making presentations next month at Indiana University Robert H. McKinney School of Law’s symposium on the Law and Financial Crisis.
Judge says bank can pursue suit against broker
The Peoples State Bank of Ellettsville can move forward with its lawsuit against broker Stifel Nicolaus & Co., which the bank claims duped it into investing $13 million in auction-rate securities just before those markets froze up.
Opinions March 15, 2013 ILD
Indiana Court of Appeals
NIPSCO Industrial Group v. Northern Indiana Public Service Company, Indiana Office of Utility Consumer Counselor (NFP)
93A02-1205-EX-436
Agency action. Affirms denial of NIPSCO’s petition for reconsideration regarding the Indiana Office of Utility Consumer Counselor’s final order that set the allocation method for NIPSCO’s Environmental Cost Recovery Mechanism and Environmental Expense Recovery Mechanism factors for a Qualified Pollution Control Property under construction.
Joshua Gaunt v. State of Indiana (NFP)
02A03-1204-CR-195
Criminal. Affirms four-year sentence for Class C felony corrupt business influence.
D.P. v. M.Y. (NFP)
71A03-1209-JP-384
Juvenile. Affirms order denying father’s petition to modify custody.
Term. of the Parent-Child Rel. of: D.C., M.H., A.J., D.J., & J.J. (Minor Children), and M.H. (Mother) v. The Indiana Dept. of Child Services (NFP)
79A05-1207-JT-342
Juvenile. Affirms involuntary termination of parental rights.
MJB Lawn Care v. Tower Cleaning Systems, Inc. (NFP)
64A04-1207-CT-341
Civil tort. Reverses summary judgment in favor of Tower Cleaning Systems on its request for indemnification pursuant to its contract with MJB Lawn Care.
Mahoganee K. Edmond v. State of Indiana (NFP)
45A03-1206-CR-281
Criminal. Affirms convictions of Class B felony aggravated battery, Class C felony battery with a deadly weapon and Class A misdemeanor criminal recklessness.
Kentuckiana Trench Shoring, LLC v. National Water Service, LLC (NFP)
59A05-1206-PL-315
Civil plenary. Reverses judgment in favor of National Water Service for breach of contract.
Kimberly R. Goff (Miller) v. Larry Goff (NFP)
49A04-1205-DR-277
Domestic relation. Affirms order regarding the amount Kimberly Goff Miller was due from her ex-husband as part of their 1997 divorce order.
Samuel G. Dykstra and Michelle L. Bahus v. The City of Hammond (NFP)
45A03-1206-PL-287
Civil plenary. Affirms summary judgment in favor of the city of Hammond regarding ordinances regulating firearms.
Tyrone Frazier v. State of Indiana (NFP)
49A02-1201-PC-11
Post conviction. Affirms denial of successive petition for post-conviction relief.
Christopher Whirl v. State of Indiana (NFP)
79A02-1206-CR-516
Criminal. Affirms in part and reverses in part the three robbery convictions and remands with instructions to vacate two of them and resentence Whirl on one count of robbery. Also orders the trial court to enter judgments of conviction and sentences on Class B criminal confinement felonies.
State of Indiana v. Mark M. Hairston (NFP)
02A04-1209-PC-476
Post conviction. Reverses vacation of habitual offender finding.
Term. of the Parent-Child Rel. of J.B., Minor Child, and Her Mother, A.B.: A.B. v. Indiana Dept. of Child Services (NFP)
79A02-1209-JT-764
Juvenile. Affirms termination of parental rights.
The Indiana Supreme Court and Tax Court issued no opinions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions by IL deadline.
Opinions March 15, 2013
Indiana Court of Appeals
Charles Meriwether v. State of Indiana
49A02-1208-CR-676
Criminal. Affirms convictions of Class A misdemeanor possession of marijuana and Class D felony possession of paraphernalia. The trial court did not commit fundamental error when it admitted Meriwether’s statement into evidence because he was not in custody when he made it.
Evidence shows stabbing by inmate wasn’t in self defense
A Bartholomew County jail inmate had his conviction and sentence for Class B felony aggravated battery upheld Friday by the Indiana Court of Appeals. The judges ruled the evidence disputes his claim that a fight he got into with a fellow inmate was in self defense.
Judges affirm reduction of subrogation lien
The Indiana Court of Appeals rejected State Farm Insurance Company’s argument that its subrogation lien regarding one couple’s policy shouldn’t be reduced based on State Farm’s refusal in a policy held by another family to pay the full amount of the couple’s claim following a car accident.
Man’s statement on drug allowed at trial
The Indiana Court of Appeals held Friday that a trial court did not commit fundamental error in admitting Charles Meriwether’s statement to police that he had marijuana in his car.
Wabash College sophomore will design art project honoring Shepard
A child’s handprint designed by Wabash College sophomore John Vosel has been chosen as the monument to honor former Chief Justice Randall T. Shepard in a new Evansville park.