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The Indiana Court of Appeals was split in deciding whether an estate received the correct amount of damages from the Indiana Patients’ Compensation Fund. One judge believed the trial court used an incorrect approach for calculating damages because the deceased man had at least a 50 percent chance of survival before the medical negligence.
The 7th Circuit Court of Appeals addressed Thursday the term “sexual activity” – an issue in which there is scant law – and ordered a man be acquitted. The man was convicted under federal statute for attempting to entice a girl he believed to be less than 18 years old to engage in any sexual activity while they chatted online.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Stephen Harvey v. State of Indiana (NFP)
92A03-1008-PC-469
Post conviction. Affirms denial of petition for post-conviction relief.
Brian Redd v. State of Indiana (NFP)
02A03-1010-CR-533
Criminal. Affirms conviction of Class C felony child molesting.
Michael L. Yates v. State of Indiana (NFP)
34A04-1010-CR-606
Criminal. Affirms conviction of and sentence for Class B felony attempted armed robbery.
Joseph Munden v. State of Indiana (NFP)
49A04-1009-CR-534
Criminal. Affirms conviction of Class C felony carrying a handgun without a license.
Jacob M. Jones v. State of Indiana (NFP)
49A02-1009-CR-959
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.
Indiana Tax Court had posted no opinions at IL deadline.
7th Circuit Court of Appeals
United States of America v. Jeffrey P. Taylor
10-2715
U.S. District Court, Northern District of Indiana, Hammond Division, Judge James T. Moody.
Criminal. Reverses conviction of and 10-year sentence for violating 18 U.S.C. Section 2422(b), which deals with knowingly persuading or enticing someone under 18 to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense, or attempts to do so. The section is ambiguous and sexual activity and sexual act could be synonyms and therefore require contact between the perpetrator and victim for a conviction. Remands with instructions to acquit Taylor. Judge Manion concurs in a separate opinion.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Gariup Construction Co. v. Carras-Szany-Kuhn & Associates, et al.
45A04-1007-PL-429
Civil plenary. Affirms summary judgment in favor of the architect Carras-Szany-Kuhn and the successful bidder and denied unsuccessful bidder Gariup Construction’s claim alleging the architect; Behling & Son, the successful bidder; and others colluded to restrict bidding in violation of the Indiana Antitrust Act. The designated evidence doesn’t present a genuine issue of material fact from which a factfinder could reasonably infer that the architect and successful bidder colluded to restrict bidding. Declines to find that the architect and successful bidder are entitled to appellate attorneys fees.
Larry Pryor v. State of Indiana (NFP)
49A02-1005-CR-556
Criminal. Affirms adjudication as a habitual offender after being found guilty of burglary, theft, and possession of paraphernalia.
First Consumer Credit, Inc. v. Sho-Pro of Indiana, Inc. (NFP)
49A02-1010-CC-1245
Civil collections. Reverses summary judgment in favor of Sho-Pro of Indiana in First Consumer Credit Inc.’s action alleging breach of contract. Remands with instructions to enter summary judgment in favor of FCC.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Gariup Construction Co. v. Carras-Szany-Kuhn & Associates, et al.
45A04-1007-PL-429
Civil plenary. Affirms summary judgment in favor of the architect Carras-Szany-Kuhn and the successful bidder and denied unsuccessful bidder Gariup Construction’s claim alleging the architect; Behling & Son, the successful bidder; and others colluded to restrict bidding in violation of the Indiana Antitrust Act. The designated evidence doesn’t present a genuine issue of material fact from which a factfinder could reasonably infer that the architect and successful bidder colluded to restrict bidding. Declines to find that the architect and successful bidder are entitled to appellate attorneys fees.
The Indiana Court of Appeals upheld the denial of a man’s petition for post-conviction relief claiming ineffective assistance of trial and appellate counsel. The man failed to introduce the original trial transcript at his post-conviction hearing and the post-conviction court didn’t take judicial notice of the record, as it’s now able to do under an amended Indiana Evidence Rule.
A Marion Superior judge has tossed a lawsuit against 78 county prosecutors being accused of breaking the law by not turning over seized assets from criminals to a school construction fund. In doing so, the judge expressed concern about the lack of reasoning and consistency demonstrated by prosecutors throughout the state.
At least for now, the Indiana Court of Appeals isn’t being asked to consider a Marion County judge’s decision that held a “deliberative process” privilege exists in Indiana.
Randy Steidl, who was nearly executed for a crime he didn't commit and went on to become the public face of the abolition of the death penalty in Illinois, will tell his story during visits to Indiana University campuses in Bloomington and Indianapolis.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Adoption of O.M.; J.M. v. Q.D. (NFP)
41A01-1008-AD-402
Adoption. Affirms trial court’s order granting stepfather’s petition to adopt child without father’s consent.
Indiana Tax Court had posted no opinions at IL deadline.
The 7th Circuit Court of Appeals has ruled that a reverse-discrimination case against Marion County should be able to proceed in federal court in Indianapolis because evidence shows the former county coroner’s decision to terminate a forensic pathology company’s contract may have been based on race.
7th Circuit Court of Appeals
Stephen Radentz, et al., v. Marion County, et al.
10-1523
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Reverses ruling from District Court in favor of defendants in discrimination lawsuit. Plaintiffs were able to support claim that their termination from employment was race-based, and did not result in significant financial gain, as the defendants claimed.
Sean O’Brien, professor at the University of Notre Dame Law School, is in Tunis, Tunisia this week to participate in the training of North African human rights lawyers.
Edward Whelan, president of the Ethics and Public Policy Center in Washington, D.C., will lecture about “Lessons of the Sotomayor and Kagan Confirmation Processes: The Political Triumph of Judicial Conservatism,” from noon to 2 p.m. April 14. The lecture, hosted by the Indianapolis chapter of The Federalist Society for Law and Public Policy Studies, will be at the Conrad hotel, 50 W. Washington St., Indianapolis.
A federal judge in Indianapolis has upheld the death sentence of a condemned man who killed his wife and two young children in Evansville a decade ago.
The Indiana Court of Appeals has declined to extend to an insurance agent the duty of an insurer as declared by the state’s highest court. In doing so, the judges reversed the denial of a title insurance company’s motion for summary judgment.
The 7th Circuit Court of Appeals has found an Indiana federal court should not have allowed evidence of a defendant’s prior drug convictions under Federal Rule of Evidence 404(b). As a result of the violation, the judges reversed the man’s drug conviction and ordered a new trial.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Robert Arnold v. State of Indiana (NFP)
49A04-1008-CR-510
Criminal. Affirms convictions of two counts of Class A felony child molesting.
Michael L. Spencer v. State of Indiana (NFP)
35A04-1009-CR-601
Criminal. Affirms convictions of two counts of Class A felony dealing in a schedule I, II, or III controlled substance.
Edwin Blinn, Jr. v. Robert Hammerle and Hammerle & Cleary (NFP)
49A02-1006-CT-634
Civil tort. Affirms summary judgment in favor of Hammerle on Blinn’s claims of malpractice and unjust enrichment. Judge May dissents.
Athena Jackson v. State of Indiana (NFP)
49A02-1006-CR-767
Criminal. Affirms conviction of Class D felony theft.
Term. of Parent-Child Rel. of B.F., et al.; E.C.F. v. I.D.C.S. (NFP)
71A03-1008-JT-608
Juvenile. Affirms termination of parental rights.
Elkhart General Hospital v. Doris Williams (NFP)
20A05-1007-CT-467
Civil tort. Affirms order denying Elkhart General Hospital’s motion to correct error after a jury trial resulted in a verdict in favor of Williams, individually and as the administratrix of the estate of Ben Williams Sr.
Larry E. Webb Construction, et al. v. Theresa Burns (NFP)
45A04-1011-PL-685
Civil plenary. Reverses summary judgment in favor of Burns’ claim under the Indiana Wage Payment Act and awarding her nearly $7,000 in damages. Remands with instructions to enter an order granting summary judgment in favor of Eclipse and proceed to trial regarding the claims against Webb Construction and, following trial, recalculate the amount of attorney fees, if any, to which Burns is entitled.
Indiana Tax Court had posted no opinions at IL deadline.
The Indiana Supreme Court granted one transfer and denied 16 for the week ending April 1.
7th Circuit Court of Appeals
United States of America v. Billy L. Hicks
09-3608
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Criminal. Vacates conviction of knowingly distributing more than 50 grams of crack cocaine. The District Court improperly allowed evidence of Hicks' prior drug convictions in violation of Federal Rule of Evidence 404(b). Remands for a new trial.