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Opinions July 27, 201

7th Circuit Court of Appeals
Leonard Lapsley, et al. v. Xtek Inc.
11-3313
U.S. District Court, Northern District of Indiana, Hammond Division. Judge Joseph S. Van Bokkelen.
Civil. Affirms denial of Xtek’s Daubert motion that sought to bar Dr. Gary Hutter from offering his expert opinions, which were essential to Lapsley’s case that a design defect in Xtek’s equipment was the cause of his accident. In this case, the District Court’s stated analysis of the proposed testimony was brief, but it was also directly to the point and was sufficient to trigger deferential review on appeal. The District Court did not misapply Daubert.

Dickson to be sworn in Aug. 6

Brent Dickson will be formally sworn in as chief justice of the Indiana Supreme Court Aug. 6. Gov. Mitch Daniels will administer the oath.

245-year sentence affirmed in Hovey Street slayings

The gunman who pleaded guilty to four murders in the 3200 block of Hovey Street in Indianapolis was properly given and deserved a 245-year sentence for the crimes, the Indiana Court of Appeals ruled Friday.

$2.9M verdict in mill accident case upheld

The 7th Circuit Court of Appeals has affirmed the admittance of an expert’s opinion as to causation of an accident at a northern Indiana steel rolling mill, finding the federal court properly denied a company’s Daubert motion to bar that testimony.

Justices: Good-time-credit amendment not retroactive

The Indiana Supreme Court interpreted a 2010 amendment on credit time earned during placement in community corrections to only apply to those placed on home detention on or after its July 1, 2010, effective date.

COA affirms drug dealing, possession convictions

A man convicted of multiple felony drug charges and sentenced to 50 years in prison with 15 years suspended was not deprived his Fourth Amendment rights, the Court of Appeals ruled Friday.

Justices reverse Tax Court, determine Miller Brewing owes

Miller Brewing owes $806,366 in income tax on beer transported by common carriers to Indiana from its Milwaukee brewery, the Indiana Supreme Court determined in a ruling Thursday that reversed the state Tax Court, ending a decade-long dispute.

Opinions July 26, 2012 ILD

7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

Indiana Court of Appeals
Arnold Blevins v. Raymond Arthur Brassart (NFP)
18A03-1201-PL-8
Civil plenary. Affirms dismissal of Blevins’ claims against Brassart because they were barred by the Statute of Frauds.

Timothy Stevenson, Jr. v. State of Indiana (NFP)
48A04-1111-CR-655
Criminal. Affirms revocation of probation and order Stevenson serve his previously suspended sentence.

Fredrick D. Gaither v. State of Indiana (NFP)
49A02-1202-PC-106
Post conviction. Affirms denial of successive petition for post-conviction relief.

Derrick Rockingham v. State of Indiana (NFP)
49A02-1201-CR-25
Criminal. Affirms conviction of Class B misdemeanor public intoxication.

Douglas Chubb v. State of Indiana (NFP)
77A04-1110-CR-519
Criminal. Affirms conviction of Class B felony robbery.

J.H. and T.G. v. Indiana Department of Child Services (NFP)
02A03-1112-JT-556
Juvenile termination. Affirms termination of parental rights.

Maurice Ervin v. State of Indiana (NFP)
49A04-1112-CR-626
Criminal. Affirms conviction of Class D felony attendance with an animal at a fighting contest.

A.J. v. Indiana Department of Child Services (NFP)
82A01-1111-JT-529
Juvenile termination. Affirms termination of parental rights.
 
Indiana Tax Court posted no opinions at IL deadline.
 

Opinions July 26, 2012

Indiana Supreme Court
Michael J. Lock v. State of Indiana
35S04-1110-CR-622
Criminal. Affirms Lock’s conviction and sentence for Class D felony operating a motor vehicle as a habitual traffic violator and the revocation of his driving privileges for life. I.C. 9-30-10-16 is not unconstitutionally vague and based on the stipulation that Lock’s Zuma was traveling 43 MPH, a reasonable fact-finder could find beyond a reasonable doubt that the Zuma had a maximum design speed in excess of 25 MPH. Justice Rucker dissents.

Majority upholds habitual traffic violator conviction

Four justices found that Indiana Code 9-30-10-16 indicating when a person commits a Class D felony while driving with a suspended license is not unconstitutionally vague and evidence supports a man’s conviction of Class D felony operating a motor vehicle as a habitual traffic violator.

Justices uphold sentence for kidnapping jail officer

In a four-page per curiam decision, the Indiana Supreme Court reinstated the trial court’s 47-year sentence of Roger Bushhorn, who pleaded guilty to charges stemming from his escape, kidnapping and assault of jail officials.

Attorney not entitled to prejudgment interest

A southern Indiana lawyer who entered into an agreement with another attorney to handle some of his cases due to his suspension from practice is not entitled to prejudgment interest on his portion of a client fee, the Indiana Court of Appeals held.