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Jonathan M. Hinsey v. Better Built Dry Kilns, Inc. and DeNardi, s.r.l., a/k/a Nardi Group and Nardi Partecipazioni,
s.r.l.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Isaac
Florian and Jeffrey Florian, as limited guardian of Isaac, an adult. v. GATX Rail Corporation
91A04-1002-PL-77
Civil plenary. Affirms summary judgment in favor of GATX Rail Corp. in Issac Florian’s negligence claim after he drove
into a GATX tank car that didn’t have retro-reflective sheeting. GATX was in compliance with either retro-reflective
implementation schedule even though the train car in question didn’t have sheeting yet. Florian’s common-law negligence
claim is preempted by federal regulations set forth in 49.C.F.R. part 224.
Remon
Duke Phillips v. State of Indiana (NFP)
02A04-0912-CR-723
Criminal. Affirms convictions of Class D felonies strangulation and domestic battery.
Larry
H. Snyder v. State of Indiana (NFP)
02A05-1001-CR-138
Criminal. Affirms acceptance of guilty plea to Class B misdemeanor public intoxication.
Joseph Trammell v. State of Indiana (NFP)
49A05-0912-CR-708
Criminal. Affirms conviction of Class B misdemeanor public intoxication.
James
Edward Price v. State of Indiana (NFP)
76A03-1001-CR-23
Criminal. Affirms sentence following guilty plea to Class A dealing in methamphetamine.
Term. of Parent-Child Rel. of E.L., et al.; M.B. v. I.D.C.S. (NFP)
48A04-0912-JV-717
Juvenile. Affirms involuntary termination of parental rights.
Richard
West v. State of Indiana (NFP)
49A04-0912-CR-680
Criminal. Affirms conviction of Class A misdemeanor battery.
Jeffery Rowe v. State of Indiana (NFP)
46A03-0907-CR-344
Criminal. Affirms sentence on remand of an aggregate term of 70 years for Class A felonies robbery and burglary, and finding
to be a habitual offender.
Olivia Vanbuskirk v. State of Indiana (NFP)
49A02-0912-CR-1208
Criminal. Affirms conviction of Class A felony child molesting.
Shawn
Christopher McWhorter v. State of Indiana (NFP)
73A01-0912-CR-573
Criminal. Affirms sentence following guilty plea to Class B felony criminal deviate conduct, and Class C felony robbery.
Andy C. Pitcher d/b/a Liberty Bell v. Berkley Risk Administrators Company, LLC., et al. (NFP)
81A04-0908-CV-458
Civil. Affirms summary judgment for Berkley Risk Administrators Co. on Pitcher’s complaint alleging breach of contract.
Indiana Tax Court
Country
Acres Limited Partnership v. Pleasant Township Assessor, and LaPorte County Assessor (NFP)
71T10-0903-TA-5
Tax. Affirms the Indiana Board of Tax Review didn’t err in rejecting an Indiana certified Level II assessor-appraiser’s
use of an 11.35 percent capitalization rate. Reverses final determination of the market value-in-use of Country Acres’
complex and remands to the Indiana Board so it may instruct the appropriate assessing officials to assess the subject property
consistent with the opinion.
The Indiana Supreme Court denied transfer to 22 cases for the week ending July 16.
Indiana Court of Appeals
Isaac
Florian and Jeffrey Florian, as limited guardian of Isaac, an adult. v. GATX Rail Corporation
91A04-1002-PL-77
Civil plenary. Affirms summary judgment in favor of GATX Rail Corp. in Issac Florian’s negligence claim after he drove
into a GATX tank car that didn’t have retro-reflective sheeting. GATX was in compliance with either retro-reflective
implementation schedule even though the train car in question didn’t have sheeting yet. Florian’s common-law negligence
claim is preempted by federal regulations set forth in 49.C.F.R. part 224.
The Indiana Court of Appeals reversed a juvenile’s adjudication for exploiting an endangered adult because the state
didn’t prove beyond a reasonable doubt that the 17-year-old took advantage of the mentally retarded man.
More than 50 people have applied to become the next magistrate judge in U.S. District Court for the Southern District of Indiana.
Clark County is now using the Indiana Supreme Court Case Management System, Odyssey.
A Marion Superior judge presiding over the county’s traffic court faces four judicial misconduct charges as a result
of his general handling of traffic infraction cases and one suit in particular, where the state justices have described him
as being “biased.”
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.
7th Circuit Court of Appeals
Tom
George, et al. v. National Collegiate Athletic Association
09-3667
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Reverses dismissal of the plaintiffs’ entire second amendment complaint alleging the NCAA’s ticket-allocation
process is an illegal lottery.
The 7th Circuit Court of Appeals has allowed a proposed class action case claiming the National Collegiate Athletic Association
operates an illegal lottery to sell tickets to certain sporting events to go forward.
The Democratic candidate for Gibson County Prosecutor has withdrawn from the race following his indictment on four charges,
including possession of child pornography.
The Indiana Commission on Judicial Qualifications has charged Marion Superior Judge William E. Young with misconduct for his
handling of traffic court cases.
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 Court of Appeals
Crisis
Connection, Inc. v. Ronald Keith Fromme
19A05-0910-CR-602
Criminal. Affirms order Crisis Connections produce records to the court for an in camera review. An in camera review properly
balances Fromme’s constitutional rights and the victims’ interest in privacy.
A federal judge has certified a class-action suit against the Lake County sheriff and others brought by a group of pretrial
detainees who were held in the county jail in conditions they claim were unconstitutional.
A bitter battle between the heirs of former Conseco Inc. executive Lawrence Inlow and the bank and attorneys overseeing his
estate will get a hearing Friday in Hamilton County Court.
Indiana’s victim-advocate privilege is limited by a criminal defendant’s constitutional rights, the Indiana Court
of Appeals concluded today on the matter of first impression.
When Indianapolis attorney Joe Hogsett received the news Wednesday that he’d been chosen by President
Barack Obama
to be the next U.S. Attorney for the Southern District of Indiana, he wasn’t in court or handling a client’s legal
matters.