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Opinions Sept. 24, 2021

Indiana Court of Appeals
Steak N Shake Operations, Inc. v. National Waste Associates, LLC, et al.
21A-CP-00213
Civil plenary. Reverses the Marion Superior Court’s grant of National Waste Associates’ motion for summary judgment and its denial of Steak ’n Shake’s motion for summary judgment. Holds there are genuine issues of material fact concerning the terms and conditions under which National employed Aspen Waste Systems of Missouri as its subcontractor. Holds that National is not entitled to judgment as a matter of law, but Steak ’n Shake is entitled to judgment as a matter of law on both its complaint and on National’s counterclaim. Remands with instructions for the court to enter summary judgment for Steak ’n Shake and to determine Steak ’n Shake’s damages.

Muncie woman suing police charged with false informing by prosecutor

| Marilyn Odendahl

A woman who filed a lawsuit against a Muncie police officer for allegedly throwing her into a brick wall and causing her to sustain significant facial injuries is now being criminally charged for making the allegations that the Delaware County Prosecutor calls “completely, totally, and demonstrably false.”

Ohio lawmakers look to repeal subsidy for coal plant in Madison

| Associated Press

Some lawmakers in the Ohio Legislature want to end a subsidy for two unprofitable Cold War-era coal plants — including one in Indiana — that have cost state electric customers more than $340 million thus far and leave them on the hook for hundreds of millions more, thanks to a tainted energy bill that led to the biggest corruption scandal in state history.

Opinions Sept. 23, 2021

Indiana Supreme Court
Ryan Ramirez v. State of Indiana
20S-LW-430
Life without parole. Affirms Ryan Ramirez’s conviction of murdering 23-month-old P.H. and neglecting 3-year-old R.H., resulting in serious bodily injury, and his sentence to life without parole. Finds that the seizure of a surveillance system recorder did not violate the state or federal constitutions, and the Madison Circuit Court did not abuse its discretion by excluding evidence of Kayla Hudson’s prior bad acts, nor were Ramirez’s substantial rights affect. Also finds that the trial court was not required to find a legal lacuna to give a supplemental jury instruction, the wording of the instruction was not reversible error and Ramirez waived his argument about the way the instruction was given. Finally, finds the statutory LWOP factors were sufficiently supported, his sentence did not violate the Indiana Constitution and revision is not warranted under Indiana Appellate Rule 7(B).