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Because PNC Bank was able to show that the requisite provisions of Indiana Code 32-30-5-1 have been satisfied and it did not relinquish its right to the appointment of a receiver, the trial court order denying PNC’s request for appointment of a receiver was an error, the Indiana Court of Appeals concluded.
A Porter County man who shot at four teenagers near his property at night because he claimed they were trying to break into his home is not entitled to a new trial, the Indiana Court of Appeals ruled.
Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
Clair Wilson v. State of Indiana (NFP)
49A02-1110-CR-914
Criminal. Affirms four convictions of Class B felony sexual misconduct with a minor following a jury trial.
Michael Nance v. State of Indiana (NFP)
49A02-1112-CR-1144
Criminal. Affirms conviction of Class D felony theft following a jury trial.
Michael L. Gaebler v. Janice (Gaebler) Bankert-Countryman (NFP)
49A04-1111-DR-630
Domestic relation. Affirms dissolution court’s order modifying Gaebler’s child support obligation for his two minor children.
7th Circuit Court of Appeals
BKCAP, LLC, GRAYCAP, LLC, AND SWCAP, LLC v. Captec Franchise Trust 2000-1
11-2928, 11-3378
U.S. District Court, Northern District of Indiana, South Bend Division. Magistrate Judge Roger B. Cosbey.
Civil. Affirms ruling in favor of the borrowers’ interpretation of the prepayment premium requirements in 12 loans involving restaurants and award of prejudgment interest to the borrowers. The borrowers’ position was supported by the evidence presented at trial, and the lender is not entitled to attorney fees.
The Indiana Court of Appeals found that the city of Indianapolis and water company – which contracts with the city to operate the water utility – are entitled to common law immunity from a lawsuit brought by a restaurant and its insurers after a fire destroyed a Texas Roadhouse restaurant.
A dispute between a lender and subsidiaries created by a restaurant owner to refinance its debt made its way before the 7th Circuit Court of Appeals for the second time. This time, the judges ruled in favor of the borrowers.
Carrier Corp. had an “honest suspicion” that one of its employees was abusing his leave under the Family Medical Leave Act, so the District Court was correct in granting summary judgment for Carrier in the fired employee’s lawsuit.
Bankruptcy filings are down 14 percent across the country for the 12-month period ending June 30, 2012, as compared to the year ending June 30, 2011, the Administrative Office of the United States Courts reported Friday. Filings are down by at least 13 percent in Indiana courts.
More than 80 percent of victims who sued after the State Fair stage collapse last year say they want to participate in the $13.2 million public-private settlement negotiated between the Indiana attorney general’s office and two defendant companies, the AG’s office said Thursday.
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
David S. Healey v. State of Indiana (NFP)
02A03-1107-PC-356
Post conviction. Affirms denial of petition for post-conviction relief and petition for summary disposition.
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Kent W. Carter v. State of Indiana (NFP)
02A03-1203-CR-108
Criminal. Affirms sentence for Class D felony failure to return to lawful detention.
Joseph A. Taylor v. Alan P. Finnan (NFP)
22A04-1204-MI-197
Miscellaneous. Affirms summary denial of successive petition for post-conviction relief.
Aaron M. Spicer v. State of Indiana (NFP)
89A04-1111-CR-601
Criminal. Affirms conviction of Class A felony dealing in cocaine.
Evergreen Shipping Agency Corp. v. Djuric Trucking, Inc. (NFP)
45A03-1112-CC-575
Civil collection. Affirms summary judgment for Djuric Trucking on Evergreen Shipping’s complaint on account for charges allegedly owed under a contract between them.
Indiana Court of Appeals
N.B. v. State of Indiana
55A01-1111-JV-574
Juvenile. Affirms determination that N.B. committed the delinquent act of reckless homicide, a Class C felony if committed by an adult. N.B. contended that the juvenile court abused its discretion in admitting his statement to the investigating officer at the evidentiary hearing. Finds the procedural safeguards set forth in the juvenile waiver statute were met.
Former Indianapolis Deputy Mayor Jane Henegar has been named executive director of the American Civil Liberties Union of Indiana. She begins work immediately and will join the organization full time Sept. 4.
Randall Shepard has been selected as chairman of an American Bar Association presidential commission examining the state of legal education in America.
The Indiana Court of Appeals affirmed a Morgan County boy’s adjudication for shooting his younger brother while the two were home alone. The 11-year-old claimed that the juvenile court abused its discretion in admitting his statement to the investigating officer at the evidentiary hearing.
7th Circuit Court of Appeals issued no opinions prior to IL deadline.
Indiana Court of Appeals
Justin A. Staton v. State of Indiana (NFP)
48A02-1112-CR-1192
Criminal. Affirms revocation of probation.
Edward Lee Jackson v. State of Indiana (NFP)
82A01-1110-CR-445
Criminal. Affirms conviction of murder and attempted murder.
Dewayne Busz v. Brandi Watkins and Mike Schuh (NFP)
43A03-1202-SC-67
Small claims. Affirms trial court judgment in favor of Watkins and Schuh.
Indiana Tax Court issued no opinions before IL deadline.
Indiana Court of Appeals
Justin A. Staton v. State of Indiana (NFP)
48A02-1112-CR-1192
Criminal. Affirms revocation of probation.
Justice Frank Sullivan Jr. has departed the Indiana Supreme Court and officially joined the faculty of Indiana University Robert H. McKinney School of Law in Indianapolis.
A 3-2 decision of the Indiana Supreme Court upheld a sentence of life without parole for a 17-year-old who killed his 10-year-old brother while babysitting and later dumped his body near a school in Rising Sun.
The Indiana Supreme Court reduced the sentence of a woman who, along with her boyfriend, was convicted in the events that led to the murder of the woman’s 2-year-old cousin while in her care.
Indiana Attorney General Greg Zoeller said Tuesday a recent U.S. Supreme Court decision that struck down most of a tough Arizona law will impact a similar immigration law signed by Gov. Mitch Daniels in 2011.