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Opinions Sept. 20, 2012

7th Circuit Court of Appeals
G&S Holdings LLC, et al. v. Continental Casualty Company
11-1813
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Jon E. DeGuilio.
Civil. Affirms grant of Continental’s motion to dismiss the suit against it stemming from Continental’s failure to pay adequate damages to G&S Metal Consultants Inc., which caused the plaintiffs damages. The plaintiffs cannot succeed on their claim that the wrong standard was applied to the motion to dismiss and the record supports dismissing for failure to state a claim.

Lawsuit challenges ‘guns in the workplace’ statutes

A Carmel attorney has filed a lawsuit claiming a Morgan County security company has violated laws that prohibit most employers from asking whether an employee owns, possesses, uses or transports firearms and from preventing employees from having a gun locked up and out-of-sight in their vehicles.

Monroe County man’s suit against ex-wife and city still alive in trial court

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.

Chief justice approves master jury list

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.

Man to get new trial on meth, marijuana charges

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.

Underinsurance benefit payout doesn’t satisfy judgment

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.

Opinions Sept. 19, 2012

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.

Court reduces $1.4M judgment in dispute over work done at Honda plant

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.

Appellate court upholds life sentence

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.

Inmate loses appeal of visitation restrictions by DOC

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.

Malpractice complaint hinges on claim of apparent agency

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.

Judges find evidence properly admitted in drug case

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.

Opinions Sept. 18, 2012 ILD

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.
 

Justices deny transfer to 7 cases

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.

Supreme Court amends Indiana rules

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.