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Opinions Jan. 13, 2012

7th Circuit Court of Appeals
Kevin Harris v. Warrick County Sheriff’s Department
10-3706
U.S. District Court, Southern District of Indiana, Evansville Division, Chief Judge Richard Young.
Civil. Affirms District Court’s entry of summary judgment for the sheriff’s department in a case where a deputy sheriff’s probationary employment was terminated based on violations of standard operating procedures, failure to follow orders and insufficient commitment to the job. Harris’s circumstantial evidence of discrimination falls far short of supporting an inference that he was terminated because of his race.

Chief Justice Shepard gives final State of the Judiciary

Indiana Chief Justice Randall T. Shepard gave his final State of the Judiciary on Wednesday, recapping not only the past 12 months, but also highlighting court initiatives and changes that have occurred during the quarter century he spent as chief justice.

Opinions Jan. 12, 2012 ILD

Indiana Court of Appeals
Jason Quinn v. Accurate Builders (NFP)
93A02-1108-EX-698
Agency appeal. Affirms decision of the Full Worker’s Compensation Board denying application for adjustment of claim.

Robert Weybright v. Kathy Weybright n/k/a Kathy Scaggs (NFP)
43A03-1105-DR-191
Domestic relation. Affirms determination that Kathy Weybright was not in contempt of a court order, that Robert Weybright maintain health insurance for the parties’ minor daughter, and that Kathy retain sole custody of the daughter. Remands for the court to modify its order so that Robert isn’t required to reimburse Kathy for certain bills.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions Jan. 12, 2012

7th Circuit Court of Appeals
United States of America v. Michael Redmond and Charles Avery Jr.
10-1947, 10-3914
U.S. District Court, Southern District of Indiana, Evansville Division, Chief Judge Richard L. Young.
Criminal. Affirms denial of Avery’s request to withdraw his guilty plea to crack cocaine distribution, the calculation of the crack cocaine quantity attributed to him and his sentence. Remands for the District Court to reconsider Redmond’s sentence following a guilty plea to conspiracy to possess with intent to distribute in excess of 50 grams of cocaine base in light of United States v. Corner.

7th Circuit rules on drug sentences

In a consolidated appeal, the 7th Circuit Court of Appeals upheld one man’s sentence following a guilty plea to drug offenses, but sent the other man’s case back to the District Court to reconsider his sentence in light of United States v. Corner.

High court reverses habitual offender enhancement

Because the state didn’t offer allowable evidence of a man’s previous theft conviction to support a habitual offender enhancement, the Indiana Supreme Court reversed the enhancement.

Justices dismiss malpractice complaint appeal

The Indiana Supreme Court has vacated transfer to a case involving a proposed medical malpractice claim, finding that the trial court order at issue is not a final appealable judgment.

Opinions Jan. 11, 2012 ILD

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

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

Indiana Court of Appeals
Shandaleigha M. Tharp v. State of Indiana (NFP)
48A05-1105-CR-292
Criminal. Vacates Tharp’s aggregate 27-year sentence following a guilty plea for various offenses, including forgery, burglary, and theft and imposes an aggregate sentence of 19.5 years, with 14.5 executed and five years suspended.

Diyon Evans v. State of Indiana (NFP)
49A04-1104-CR-227
Criminal. Affirms convictions of Class B felony rape and Class B felony criminal deviate conduct.

Arnold W. Cook v. Consolidated Roofing, Inc. (NFP)
34A02-1104-CC-339
Civil collection. Affirms judgment substantially in favor of Consolidated Roofing on Cook’s complaint for injunctive and declaratory relief and damages.

Vincent Barrett and Sarah Barrett v. City of Logansport, Indiana; Michael Nicoll, in his capacity as Sexton of Mount Hope Cemetery; and James McDonald (NFP)
09A02-1103-PL-252
Civil plenary. Affirms judgment in favor of Logansport, Nicoll and McDonald on the Barretts’ claims for negligence, breach of contract, fraud and injunctive relief.

R.W. v. Indiana Department of Child Services (NFP)
71A03-1107-JT-309
Juvenile. Affirms involuntary termination of parental rights.
 

Opinions Jan. 11, 2012

Indiana Court of Appeals
Daniel E. Serban v. State of Indiana
02A03-1106-CR-285
Criminal. Declines to revise Serban’s 11-year sentence following guilty plea to Class C felony corrupt business influence and Class D felony theft. Serban failed to demonstrate his sentence is inappropriate, and his stealing from his clients injured not only them, but also the legal profession.

COA affirms murder conviction

The Indiana Court of Appeals found the state presented sufficient substantive evidence to establish that a man killed his sister’s boyfriend while staying in her apartment.

Judges rule on Clark County surveyor’s suit

The Indiana Court of Appeals affirmed summary judgment for the former Clark County surveyor in his request that he should have been involved in a project involving Lancassange Creek. But the judges reversed summary judgment for the surveyor regarding whether he should have been involved in a project in a subdivision.

Judges order pharmacy board to respond to subpoena

A Marion Superior trial court erred in granting the Indiana Board of Pharmacy’s motion to quash a defendant’s subpoena that the board produce a certified copy of “any and all” of his prescription records so he could use the information as defense for the charges of possession of a controlled substance, the Indiana Court of Appeals ruled.

Court upholds summary judgment in favor of New Castle

The Indiana Court of Appeals has affirmed that a contractor and insurance company owe the city of New Castle more than $900,000 in damages and attorney fees for breaching a construction contract.

COA upholds attorney’s 11-year sentence

The Roanoke attorney who stole more than $200,000 from his clients will not have his sentence reduced, the Indiana Court of Appeals decided Wednesday.

DCS recognized with national award

The Indiana Department of Child Services has won one of four Casey Family Programs “Excellence in Leadership” awards for 2011. The award is given to those involved in child welfare who work to improve the lives of children and families.

AG asks justices to take secretary of state case

The Office of the Indiana Attorney General has asked the Indiana Supreme Court to take the Indiana Recount Commission’s appeal of the finding that Secretary of State Charlie White was ineligible to be on the November 2010 ballot.

Opinions Jan. 10, 2012 ILD

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

Indiana Court of Appeals
Steven Cusack v. State of Indiana (NFP)
49A05-1106-CR-274
Criminal. Affirms conviction of Class A misdemeanor criminal trespass.

Indiana Tax Court had posted no opinions at IL deadline.

 

Opinions Jan. 10, 2012

Indiana Supreme Court
Sarah Haag, Gordon Haag and Cathy Haag; Molly Kruger, William Kruger, III, and Katherine F. Kruger, et al. v. Mark Castro, The Indiana Youth Soccer Association, Virginia Surety Company, Inc., et al.
29S04-1102-CT-118
Civil tort. Affirms summary judgment in favor of Virginia Surety, the insurer of Indiana Youth Soccer Association, in a lawsuit brought by injured players seeking a declaration that the insurer provide coverage for an accident involving a Carmel youth soccer team while they were in Colorado. Because the van in which players were traveling when the accident occurred was not being used in the business of the association – a condition for coverage under the governing association’s business auto-insurance policy at issue – the injured players may not recover. Justice Dickson dissents; Justice David did not participate.