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Opinions March 26, 2012 ILD

7th Circuit Court of Appeals had issued no opinions at IL deadline.

Indiana Court of Appeals
Adrien Newson v. State of Indiana (NFP)
49A02-1103-CR-254
Criminal. Affirms conviction of and sentence for Class A felony dealing in cocaine. Reverses charges for Class C felony possession of cocaine and firearm conviction and remands to the trial court to vacate those convictions, holding they are lesser offenses included in the Class A felony charge.

Lawrence Roper v. State of Indiana (NFP)
53A02-1108-CR-808
Criminal. Affirms sentence for two counts of Class B felony dealing in cocaine.

Indiana Supreme Court and Indiana Tax court had issued no opinions at IL deadline.
 

SCOTUS declines to take Indiana criminal case

The Supreme Court of the United States won’t take an Indiana case asking whether a defendant’s second trial was barred by the double jeopardy clause of the Fifth Amendment, and so a state Supreme Court decision on the issue will stand.

Court rules on parental discipline case

The Indiana Court of Appeals has held that a woman’s prior conviction for battering her daughter in a way similar to a current case is admissible pursuant to the state’s rules of evidence.

Opinions March 26, 2012

Indiana Court of Appeals
Lavern Ceaser v. State of Indiana
49A02-1106-CR-580
Criminal. Affirms trial court’s denial of Ceaser’s motion to dismiss, holding that her prior conviction for battering the same child in the same manner similar to the underlying incident was admissible under the intent and lack of accident or mistake exceptions to Indiana Evidence Rule 404(b). Further holds evidence at trial was sufficient to rebut her claim of parental privilege.

Opinions March 23, 2012 ILD

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

Indiana Court of Appeals
Schwala Royal v. State of Indiana (NFP)
02A04-1108-CR-486
Criminal. Affirms Class D felony conviction of prostitution.
 
Athena Y. Collins v. State of Indiana (NFP)
45A03-1104-CR-168
Criminal. Reverses jury conviction of Class A felony voluntary manslaughter. Affirms in part on grounds that trial court did not err in giving a jury instruction. Remands for a new trial.

William H. Lane v. Connie S. Lane (NFP)
18A02-1107-DR-668
Divorce. Affirms trial court’s division of property in a husband and wife’s dissolution of a second marriage.

Indiana  Tax Court had posted no opinions at IL deadline.

 

COA: Independent contractor’s death already compensated

The Indiana Court of Appeals has determined that the estate of an independent contractor who fell off a ladder and died was properly compensated through the state workers’ compensation act, and the man’s estate cannot later claim that his injuries occurred outside the scope of employment.

Opinions March 23, 2012

Indiana Supreme Court
Troy R. Smith v. State of Indiana
35S02-1106-CR-369
Criminal. Affirms trial court’s judgment to revoke probation for Troy Smith on grounds that he failed to pay weekly child support as a condition of his probation. Justices disagreed with Smith’s appellate argument that state failed to carry its burden of proof that his failure to pay was reckless, knowing or intentional.

Divided Supreme Court orders new murder trial

Three justices have tossed out a murder conviction, ordering a new trial on the grounds that the trial judge should have given the jury the option to consider a lesser offense of reckless homicide.

Judges rule on Evansville environmental coverage case

The Indiana Court of Appeals has determined a Marion County judge properly granted summary judgment in favor of a group of insurance companies because the city of Evansville was seeking coverage for projects aimed at preventing future sewer discharges, rather than remediating past discharges, which wouldn’t be covered by the policies.

Court rules FSSA notices are unconstitutional

The Indiana Supreme Court has held that the notices sent by the state Family and Social Services Administration to inform applicants they were denied Medicaid, food stamps, or family assistance benefits are unconstitutional under the 14th Amendment’s due process clause because they do not sufficiently explain the reasons for being denied.

Supreme Court examines Indiana’s blacklisting statute

In declaring precedent from 1904 bad law, the Indiana Supreme Court has determined that individuals who’ve voluntarily left employment can pursue a claim against their former employers under the state’s blacklisting statute.

Justices disagree on pollution exclusion coverage

A divided Indiana Supreme Court has held that the pollution exclusion contained in a general commercial liability policy is ambiguous and should be construed to provide coverage rather than in favor of the insurance company trying to deny coverage.

Justices rule on construction manager’s duty for jobsite safety

The Indiana Supreme Court has held that a construction manager on the Lucas Oil Stadium construction project didn’t have a legal duty to ensure jobsite safety to a subcontractor’s employee either by contract or individual actions, and as a result, cannot be held liable for workplace negligence.