Search Results

7th Circuit Court of Appeals
Tamika
Jones v. Res-Care, Inc. and Shane McFall
09-3076
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms summary judgment for Res-Care and McFall in Jones’ suit alleging race discrimination, retaliation, and
various state-law claims. Jones’ Title VII claims, with the exception of her retaliation claim, are barred, and affirms
summary judgment with respect to the state claims of defamation and vicarious liability. She failed to establish a prima facie
case under the direct method on her retaliation claim.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Nathaniel
L. Williams v. State of Indiana
18A02-0911-CR-1092
Criminal. Affirms convictions of two counts of Class A felony dealing in cocaine, one conviction of Class C felony possession
of a controlled substance and Class D felony maintaining a common nuisance. Reverses and vacates one Class C felony conviction
and remands for the trial court to correct its records to reflect the vacation of the conviction. The admission of the confidential
informant’s statements did not violate Williams’ right to confront witnesses. Williams didn’t preserve for
appellate review his claim that the trial court failed to properly admonish the jury.

Ruth
M. Brown v. Alliance Environmental, Inc. v. R. Bruce Wallace (NFP)
49A02-0909-CV-854
Civil. Reverses part of order that awarded Brown compensatory damages resulting from Wallace’s breach of the fiduciary
duty that he owed to Brown and in finding Brown held a 12 percent ownership interest in Alliance at the time of the asset
sale in 2005. Remands for further proceedings. Affirms order in all other respects.

Aaron
Spears v. State of Indiana (NFP)
49A02-0912-CR-1194
Criminal. Affirms conviction of Class A misdemeanor battery.

Wendy
G. Thomas, as personal representative of the estate of William T. Dollard, deceased v. Carol Sparks Drake, et al. (NFP)

06A05-0907-CV-427
Civil. Grants estate’s petition for rehearing and affirms original opinion affirming summary judgment in favor of Drake.
 

D.L.
v. State of Indiana (NFP)
49A02-0908-JV-781
Juvenile. Affirms placement at Kokomo Academy.

Michael
Shelton Scott v. State of Indiana (NFP)
48A02-1003-CR-235
Criminal. Affirms 40-year sentence for Class A felony child molesting.

Raymond
Baird and George M. Cox v. State of Indiana (NFP)
31A01-0910-CR-514
Criminal. Affirms denial of Baird and Cox’s motion for review of numerous claims of error relating to the trial court’s
bond schedule and conditions of bond.

Estate
of Mary L. Riley and Marjorie R. Potts v. James Riley (NFP)
08A02-1001-ES-33
Estate supervised. Affirms decision in favor of James Riley’s son, trust, and grandchildren.

G.M.
v. I.D.C.S. (NFP)
49A02-1001-JT-13
Juvenile. Affirms involuntary termination of parental rights.

J.M.O.
v. J.C.D; J.M.O. v. D.H.M. (NFP)
07A01-0910-CV-478
Civil. Reverses denial of J.M.O.’s petitions for protective orders against her child’s father and his fiancée.
Remands for further proceedings.

Aaron
R. Ross v. State of Indiana (NFP)
49A05-0911-CR-637
Criminal. Affirms convictions of Class A felony dealing in cocaine, Class C felonies possession of cocaine and a firearm,
and carrying a handgun without a license, and three counts of Class D felony possession of a controlled substance.

Joseph
Matthews v. City of Indianapolis (NFP)
49A02-1002-CT-110
Civil tort. Reverses summary judgment for City of Indianapolis in Matthews’ complaint alleging the city negligently
failed to place or replace a stop sign at an intersection and that proximately caused his injuries.

M.L.
v. State of Indiana (NFP)
49A02-1001-JV-68
Juvenile. Affirms adjudication for committing what would be Class D felony possession of cocaine if committed by an adult.

Charles
Orr v. State of Indiana (NFP)
28A01-0912-CR-603
Criminal. Affirms sentence following guilty plea to burglary as a Class B felony.

K.W.
v. L.C. (NFP)
14A01-0911-CV-542
Civil. Affirms denial of K.W.’s petition to terminate guardianship.

Indiana Tax Court had posted no opinions at IL deadline.
 

The following opinion was posted after IL deadline Wednesday.
Indiana Tax Court
Lake
County Assessor v. Amoco Sulfur Recovery Corp., BP Products North America, Inc.
49T10-0909-TA-58
Tax. Affirms summary judgment for BP and denial for the Lake County assessor regarding BP’s personal property assessments
for 2004 to 2006. Affirms the Indiana Board’s conclusion that BP’s returns substantially complied with the “nature”
requirement of both Indiana Code Section 6-1.1-3-9 and 50 IAC 4.2-2-5, and that it was well reasoned, based on substantial
evidence, and consistent with the law.

Today’s opinions
Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Kelly
Lee Muncy, Kendra Marie Vondersaar, et al. v. Harlan Bakeries, Inc.
32A04-1001-PL-9
Civil plenary. Affirms findings of fact and conclusions of law entered after remand proceedings, adjusting the prior damages
award and ordering that Harlan Bakeries abate certain encroachments. The trial court did not exceed the scope of issues available
on remand and the Muncys waived the issue of attorney fees.

Term.
of Parent-Child Rel. of B.G., et al.; M.G., and D.G. v. I.D.C.S. (NFP)
82A05-1002-JT-60
Juvenile. Affirms termination of parental rights.

Jamestown
Homes, Inc. v. Ronald L. Comer (NFP)
02A03-1001-SC-6
Small claim. Affirms grant of Comer’s motion to correct errors.

Teresa
M. Mason v. State of Indiana (NFP)
22A01-1003-CR-131
Criminal. Affirms sentence following guilty plea to Class C felony reckless homicide.

Indiana Tax Court
AWHR
America's Water Heater Rentals, LLC v. Indiana Dept. of State Revenue (NFP)
49T10-0710-TA-50
Tax. Affirms the Department of State Revenue’s assessment of sales tax liability against AWHR.
 

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals


Eastern Alliance Insurance Group, Chubb Insurance Group, and Total Interior Systems America, LLC v. Elizabeth Howell

93A02-0912-EX-1287
Civil. Reverses penalties assessed against Eastern Alliance by the Full Worker’s Compensation Board due to a lack of
diligence. The board’s factual findings demonstrate that Eastern Alliance reasonably investigated the claim and communicated
with the parties, and afterwards it reasonably determined that it was not liable for the claim. Vacates penalties assessed
against the company and remands that the board determine and enter an order regarding whether Chubb Insurance should be held
responsible for the entirety of the penalty and attorneys’ fees awarded for its lack of diligence.

Paul
Christy and Julia Christy v. Paul Sebo and Anita Sebo
55A05-1002-CC-131
Civil. Reverses the order denying the Christys’ request for attorney’s fees and costs against the Sebos in the
Christys’ defense of an adverse possession claim and litigation of a breach of warranty claim. Summary judgment was
granted in favor of the Christys and against the Sebos on whether the Sebos breached the warranty of title and the Sebos have
not appealed that ruling. The fact that the Christys and the Clarks ultimately settled their adverse possession dispute is
irrelevant to the question of whether Sebos breached the warranty of title. Remands for further proceedings.

Jeannie
Hall v. Larry Hall Trust and Jack Hall, Trustee (NFP)
64A05-0912-CV-715
Civil. Affirms determination that Jeannie Hall is not entitled to the income from all of the properties in the Larry A. Hall
Trust.

Maurice
J. Tatum v. State of Indiana (NFP)
49A02-0912-CR-1213
Criminal. Affirms order revoking probation.

John
Jacob Campbell v. State of Indiana (NFP)
18A02-0912-CR-1189
Criminal. Reverses order revoking probation and remands with instructions to the trial court to accommodate Campbell’s
indigence consistent with the opinion.

Michael
Furlong v. State of Indiana (NFP)
49A04-0911-CR-658
Criminal. Affirms convictions of Class B felony burglary and Class D felony theft.

Marcus
R. Berry v. State of Indiana (NFP)
02A03-1002-CR-109
Criminal. Affirms revocation of probation.

Johnny
Byers v. State of Indiana (NFP)
71A04-0910-CR-612
Criminal. Affirms conviction of Class A felony attempted murder.

Shalini
Kohli v. Vishal Mahajan (NFP)
29A02-1002-DR-131
Domestic relation. Affirms the decree dissolving marriage.

Indiana Tax Court had posted no opinions at IL deadline.