Judges disagree on meaning of language in city ordinance
The Indiana Court of Appeals reversed a trial court in a property dispute, but Judge Ezra Friedlander disagreed with the majority based on his interpretation of “conspicuous change.”
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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.
Judges uphold sanction against attorney
The Indiana Court of Appeals made two minor corrections to its original opinion ordering an attorney to pay appellate fees due to his conduct in a purported class-action lawsuit against Clarian Health Partners, but upheld the order the attorney pay the fees.
Opinions March 22, 2012 ILD
7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.
Indiana Court of Appeals
Donald L. Webb, III v. Sheriff Kenneth A. Murphy and Town of Brookville, Indiana; Terry Mitchum (NFP)
24A04-1104-CT-197
Civil tort. Affirms trial court’s ruling in favor of Franklin County Sheriff and Town of Brookville on claims of battery and intentional infliction of emotional distress, finding the fundamental error doctrine does not apply and the trial court did not abuse its discretion in exempting the defendants’ expert from a separation of witnesses order.
In Re: The Marriage of Lisa Mae Slayback Gillispie v. Danny Lee Gillispie (NFP)
15A01-1108-DR-364
Divorce. Affirms trial court’s division of martial property.
The Marriage of: Donald J. Shaughnessy, Jr. v. Lyn A. Shaughnessy (NFP)
06A01-1107-DR-347
Divorce. Affirms trial court’s decision to deny an order for equal division of a marital estate.
Demitrus L. Grant v. The Bank of New York (NFP)
49A02-1104-MF-485
Mortgage foreclosure. Dismisses Demitrus Grant’s appeal for lack of jurisdiction, finding that the trial court’s denial of motion to dismiss the complaint against Grant is not a final appealable order and Grant didn’t ask the trial court to certify the issue for interlocutory appeal.
Kenny Green v. State of Indiana (NFP)
49A02-1107-CR-611
Criminal. Affirms Class A felony rape and Class D felony auto theft convictions and aggregate 40-year sentence.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions March 22, 2012
Indiana Supreme Court
Sheila Perdue, et al. v. Michael A. Gargano, et al.
49S02-1107-PL-437
Civil plenary. Reverses in part Marion Superior Judge David Dreyer’s ruling on challenge to Indiana Family and Social Services Administration’s automated system of processing claims for Medicaid, food stamps, and temporary assistance. Holds that the FSSA’s denial notices are insufficiently explanatory but that the agency may deny an application when that person fails to cooperate in the eligibility determination process. Affirms in part the trial court’s grant of Sheila Perdue’s summary judgment motion on the grounds that she’s entitled to reasonable accommodations in applying for benefits but that does not necessarily require a caseworker or case management services.
Lecture at Valparaiso to focus on tort jurisprudence
This year’s Monsanto Lecture at Valparaiso University Law School will feature University of Michigan Law School professor Scott Hershovitz. His presentation is entitled, “What does tort law do? What can it do?”
Opinions March 21, 2012 ILD
Indiana Court of Appeals
Jody Brewster v. State of Indiana (NFP)
49A02-1109-CR-450
Criminal. Affirms conviction of Class D felony theft.
John W. Kimbrough v. State of Indiana (NFP)
45A04-1106-CR-328
Criminal. Affirms four convictions of Class A felony child molesting. Reverses sentencing order and remands to the trial court to enter a sentence as outlined in the opinion. Judge Mathias concurs in part and dissents in part.
Opinions March 21, 2012
Indiana Supreme Court
State of Indiana v. International Business Machines Corporation
49S00-1201-PL-15
Civil plenary. Holds that Indiana Code 34-29-2-1 – providing that the governor of the state of Indiana is “privileged from arrest on civil process, and from obeying any subpoena to testify” – operates to preclude a trial court from issuing an order to compel the governor’s deposition in a contract dispute brought by the state of Indiana against a contractor. Justice Sullivan concurs in result.
Governor signs bill inspired by Supreme Court ruling
Indiana Gov. Mitch Daniels signed Senate Enrolled Act 1 into law Tuesday evening. The legislation deals with the right of people to defend against unlawful entry and was created in response to the Indiana Supreme Court ruling in Barnes v. State.
High court upholds stalking conviction
It’s up to a trier of fact to determine if someone’s conduct involved repeated or continuing harassment to qualify as stalking, the Indiana Supreme Court ruled, since there is no statutorily determinate timeframe required for this type of conviction.
Majority upholds finding of contempt
Three Indiana justices affirmed a trial court order finding a business owner, his attorney and an environmental firm in contempt for doing work on a site with possible environmental issues after a temporary restraining order had been issued.
Supreme Court declines to set aside tax deed
The Indiana Supreme Court has reversed a trial court’s decision to set aside a tax deed, finding the Marion County auditor’s office satisfied the due process requirement articulated by the United States Supreme Court.
Justices explain opinion in IBM case
Last month, the Indiana Supreme Court ruled that Gov. Mitch Daniels doesn’t have to testify in the dispute between the state and IBM regarding a cancelled contract to modernize the state’s welfare system. On Wednesday, the justices explained their reasoning.
Judges revise murder sentence
The Indiana Court of Appeals upheld the murder conviction of a defendant who killed a Bloomington man in response to a sexual assault, but found the circumstances around the killing warranted a lesser sentence.
COA affirms ruling in favor of mining company, DNR
The Indiana Court of Appeals has upheld the decision to release a surface mining reclamation bond obtained by a mining company, finding the reclamation requirements of the Indiana Surface Mining Control and Reclamation Act have been satisfied.
Appellate court split on ordering new trial for mom
The Indiana Court of Appeals has ordered a woman convicted of killing her son by setting fire to their home in 1996 receive a new trial, although one judge believed she did not meet her burden to prevail on appeal from the denial of her petition for post-conviction relief.
Justices affirm ruling in dispute between health care facility and FSSA
The Indiana Supreme Court has affirmed the outcome of a case between Family and Social Services Administration and a decertified intermediate care facility, in which the net result was a wash for both sides.
Justices disagree on whether jury instruction requires new trial
The majority of Indiana justices ordered a new trial on liability for a school corporation being sued for wrongful death, finding one of the jury instructions could have misled the jury about a key issue regarding liability.
Opinions March 20, 2012 ILD
Indiana Court of Appeals
Mitchell Preston v. State of Indiana (NFP)
48A04-1108-CR-403
Criminal. Affirms order Preston serve seven years of previously suspended sentence in the Department of Correction.
Jonathan R. Stephens v. State of Indiana (NFP)
85A05-1108-CR-446
Criminal. Affirms sentence following guilty plea to Class D felony theft.
Kevin Ferguson v. State of Indiana (NFP)
53A01-1107-CR-292
Criminal. Affirms conviction following guilty plea to Class B felony dealing in methamphetamine after trial court denied request to withdraw plea.
James N. Hamilton v. State of Indiana (NFP)
89A04-1103-CR-134
Criminal. Affirms two convictions of Class D felony receiving stolen property.
B.M. v. M.M. and M.R.M., b/n/f M.M. (NFP)
12A02-1107-JP-722
Juvenile. Affirms order awarding custody to father. Father is not entitled to appellate attorney fees.
Clarence A. Martin, Jr. v. State of Indiana (NFP)
82A01-1008-PC-497
Post conviction. Dismisses appeal of denial of petition for post-conviction relief.
Thomas Eaton, et al. v. City of Gary, et al. (NFP)
45A04-1106-MI-312
Miscellaneous. Affirms order denying Eaton and other appellants’ motion to correct error.
Rochelle M. Gibler v. Discover Bank (NFP)
71A05-1109-CC-500
Civil collection. Affirms summary judgment in favor of Discover Bank upon its breach of contract claim.
R.S. v. Review Board of the Indiana Dept. of Workforce Development and M.B. (NFP)
93A02-1107-EX-656
Agency appeal. Affirms denial of unemployment benefits.
Malinda Diaz v. State of Indiana (NFP)
49A02-1109-CR-821
Criminal. Affirms conviction of Class A misdemeanor domestic battery.
Earl R. England and Mary L. England v. Rob E. Hurford and Jennifer M. Hurford (NFP)
50A04-1106-PL-297
Civil. Affirms order granting a preliminary injunction to the Hurfords.
William Singleton v. State of Indiana (NFP)
75A05-1106-CR-346
Criminal. Affirms conviction of Class A felony attempted voluntary manslaughter and remands with instructions to vacate the Class B felony aggravated battery conviction and sentence.
Indiana Tax Court had posted no opinions at IL deadline.