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Opinions Sept. 29, 2015 ILD

Indiana Court of Appeals
James A. Lynn v. State of Indiana (mem. dec.)
70A01-1412-PC-534
Post conviction. Affirms denial of petition for post-conviction relief.

Tiffany Smith v. State of Indiana (mem. dec.)
49A02-1503-CR-144
Criminal. Affirms conviction of Class D felony theft.

Joseph Merriman, III v. State of Indiana (mem. dec.)
30A01-1503-CR-119
Criminal. Affirms conviction of Class D felony residential entry.

Elsor Matthews v. State of Indiana (mem. dec.)
27A05-1503-PC-116
Post conviction. Affirms denial of petition for post-conviction relief.

William A. Russell v. State of Indiana (mem. dec.)
41A04-1504-CR-155
Criminal. Affirms order denying Russell’s fourth motion to correct erroneous sentence.

Jerell Owens v. State of Indiana (mem. dec.)
48A02-1501-PC-60
Post conviction. Affirms denial of petition for post-conviction relief.

In the Matter of the Term. of the Parent-Child Relationship of S.R., and D.R., and H.A.R., H.G.R., H.O.R., and N.R., Children: S.R. and D.R. v. Ind. Dept. of Child Services (mem. dec.)
42A01-1501-JT-34
Juvenile. Affirms termination of parental rights.
 

Opinions Sept. 29, 2015

7th Circuit Court of Appeals
Defender Security Company v. First Mercury Insurance Company
14-1805
U.S. District court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms First Mercury Insurance Co.’s motion to dismiss Defender Security Co.’s lawsuit alleging breach of contract and bad faith, which sought a declaratory judgment that First Mercury owed it a duty to defend. Based on Indiana’s definition of “publication” in the defamation context, the term “publication” in the insurance policy was not susceptible to Defender’s interpretation that its recording and storing of customers’ information constitutes “publication” so as to trigger defense by First Mercury in a lawsuit.

COA splits over terminating parental rights to twins

The Indiana Court of Appeals reversed the decision to terminate the parental rights of a mother to her twin daughters based on insufficient evidence, although one judge believed the termination should have been upheld. The court unanimously affirmed the decision to end her parental rights to her son.

Company’s recordings not considered ‘publication’

An Indiana company sued for recording customers’ personal information over the phone without their knowledge did not publish that information as required to trigger a duty to defend by its insurer in a California lawsuit, the 7th Circuit Court of Appeals affirmed Tuesday.

For new associates, work seems like school

It’s like going back to school. Before they begin to work, new lawyers at many big firms complete lengthy orientation programs that provide instruction on topics like basic accounting and finance.

Opinions Sept. 28, 2015 ILD

Indiana Court of Appeals
Jon A. Zima v. Eric A. Kazmierzak (mem. dec.)
71A04-1502-PL-71
Civil plenary. Reverses denial of Zima’s motion to correct error, which challenged the order he pay damages and attorney fees entered upon forfeiture for the breach of a land sales contract. Remands for the consideration of the evidence of actual damages to include fair market value incurred by Kazmierzak.

Brandon Eubank v. State of Indiana (mem. dec.)
15A01-1502-CR-69
Criminal. Affirms sentences for Level 6 neglect of a dependent and Class A misdemeanor resisting law enforcement but remands the sentencing order with instructions to enter an order that complies with the terms of the plea agreement and reflects that the sentences were to be served concurrently.

Communities request more funds than DOC has available

In advance of lower-risk offenders staying in local jails instead of going to state prisons, counties across Indiana have requested more than $17 million from the state. However, for the first round of appropriations this fiscal year, the Department of Correction only has $5 million to give.

Allen County Bar to honor attorneys for longtime service

The Allen County Bar Association will recognize 13 attorneys Tuesday at its annual meeting for their outstanding professional and civic accomplishments in the local community, including 10 who have a total of 500 years of legal service among them.

Court: Policy required notice to title insurance company

A Greensburg couple who received two legal notices that their home was going into a tax sale never notified their title insurance company about the issue, which doomed their lawsuit. The Indiana Court of Appeals upheld summary judgment in favor of the title insurer.

Volkswagen to be subpoenaed in probe by 27 states

A majority of U.S. states, including Indiana, have begun a joint investigation of Volkswagen AG in the widening fallout from the company’s admission that 11 million of its diesel vehicles use software to cheat emissions tests.

Opinions Sept. 25, 2015 ILD

Indiana Court of Appeals
M.L. v. M.F. and M.Fu. (mem. dec.)
33A01-1505-DR-318
Domestic relation. Reverses child support order entered upon M.L.’s petition for child support modification.

Bill McClain, Jr. v. State of Indiana (mem. dec.)
33A01-1408-CR-348
Criminal. Reverses denial of petition for post-conviction relief and remands for the court to dismiss the petition because McClain failed to seek the Court of Appeals’ permission to file successive PCR petitions.

Angel Schoettle v. Chad Schoettle (mem. dec.)
49A04-1501-DR-40
Domestic relation. Affirms award of primary physical and sole legal custody of minor daughters to father.

In the Matter of the Term. of the Parent-Child Relationship of: N.K., and B.J. v. The Ind. Dept. of Child Services (mem. dec.)
82A01-1502-JT-80
Juvenile. Affirms involuntary termination of parental rights.

Ronal Zelaya Hernandez v. State of Indiana (mem. dec.)
50A03-1412-CR-436
Criminal. Affirms conviction and sentence for Class B felony sexual misconduct with a minor.

David Jones v. State of Indiana (mem. dec.)
49A05-1501-CR-38
Criminal. Affirms conviction of Class A misdemeanor battery.