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Opinions Jan. 22, 2015 ILD

January 22, 2015

Indiana Court of Appeals
Santiago Valdez v. State of Indiana (NFP)
18A05-1407-CR-304
Criminal. Affirms denial of Valdez’s motion to proceed pro se.

Thomas Allen Beavers v. State of Indiana (NFP)
45A03-1405-CR-165
Criminal. Affirms sentence for Class B felony aggravated battery.

Joshua Adam Spears v. State of Indiana (NFP)
40A05-1405-CR-242
Criminal. Affirms conviction of Class D felony battery.

Malcolm L. Russell v. State of Indiana (NFP)
89A01-1312-CR-563
Criminal. Affirms convictions of Class A felony dealing in cocaine and Class D felony possession of marijuana.

Shawn J. Riggle v. State of Indiana (NFP)
84A04-1407-CR-341
Criminal. Affirms revocation of placement in community corrections.

Jason Lee Schwartz v. State of Indiana (NFP)
17A04-1404-CR-202
Criminal. Affirms sentence for convictions of five counts of Class B felony sexual misconduct with a minor, three counts of Class A felony child molesting, and one count each of Class A felony attempted child molesting and Class B felony attempted sexual misconduct with a minor. Remands for the abstract of judgment to be corrected.

Bogunia Electric, Inc., d/b/a Mr. Electric and Steven Bogunia v. James Yakym (NFP)
71A04-1405-CC-238
Civil collection. Affirms judgment in favor of Yakym on his complaint against Bogunia Electric for breach of contract.

Opinions Jan. 22, 2015

January 22, 2015

Indiana Supreme Court
Jason Young v. Hood's Gardens, Inc.
29S02-1405-PL-314
Civil plenary. Reverses summary judgment in favor of Hood’s Gardens that it had no secondary liability to pay workers’ compensation benefits to Jason Young, who was severely injured while removing a tree from Hood’s Gardens’ property. The "value" that triggers secondary liability under Indiana Code 22-3-2-14(b) may include the value of other property transferred in connection with the performance of services and the designated evidence shows that the contract Hood’s Gardens entered into with the tree removal company may have been more than $1,000 once the value of firewood is considered.

Justices: ‘Value’ threshold for workers’ comp liability not just direct monetary payment

January 22, 2015

The “value” attributable to the performance of work that triggers secondary liability under the Worker’s Compensation Act includes both direct monetary payment as well as any ancillary consideration received for the work, the Indiana Supreme Court ruled in a case of first impression.

Insurer had duty to defend lawsuit against Menard and loss prevention company

January 22, 2015

A trial court incorrectly granted summary judgment in favor of a loss prevention company’s insurer over whether it had a duty to defend a Menard customer’s lawsuit stemming from actions of the loss prevention specialist.

Court affirms valuation of hoof trimming business

January 22, 2015

A trial court did not abuse its discretion in ordering an ex-husband to pay a portion of an expert’s fee for valuating his hoof trimming business upon the dissolution of his marriage, the Indiana Court of Appeals held Thursday.

COA affirms Notre Dame not responsible for treatment unrelated to work injury

January 22, 2015

The Indiana Court of Appeals affirmed on Thursday the decision by the Worker’s Compensation Board that a University of Notre Dame employee had reached maximum medical improvement from her work-related injury.

Construction manager owed no duty to injured independently contracted employee

January 22, 2015

Based on the contracts between Ivy Tech Community College, the contract manager it hired and an independent contractor, no duty of care existed between the contract manager and the employees of contractors, the Indiana Court of Appeals affirmed.

Campaign finance protest, hidden camera disrupt high court

January 22, 2015

For the second time in 11 months, opponents of the Supreme Court of the United States rulings lifting limits on money in political campaigns briefly disrupted proceedings in the courtroom and embarrassed the court by managing to get a camera past court security.

ESPN sues Notre Dame over police records involving athletes

January 22, 2015

ESPN has filed a lawsuit against University of Notre Dame, alleging the school is violating Indiana's public record laws by withholding police incident reports about possible campus crimes involving certain student-athletes.

Opinions Jan. 21, 2015 ILD

January 21, 2015

Wednesday’s opinions
Indiana Court of Appeals
Sandra Elaine Lappin v. Anthony Alex Timmerman (NFP)
86A03-1407-PL-229
Civil plenary. Reverses summary judgment in favor of Timmerman on his motion to dismiss Lappin’s complaint that he not be allowed to participate in an HVAC business in violation of the parties’ covenant not to compete. Remands for further proceedings.

Karen K. Hardison v. State of Indiana (NFP)
87A01-1407-CR-293
Criminal. Affirms conviction of Class C misdemeanor operating a vehicle while intoxicated.

Sally Brodie v. Viking Development, LLC (NFP)
46A03-1311-CC-442
Civil collection. Affirms award of summary judgment to Viking Development on its claim against Brodie, as guarantor of a contract, for specific performance. Remands for a determination of reasonable appellate attorney fees.

Benjamin T. Haines v. State of Indiana (NFP)
90A02-1408-CR-545
Criminal. Affirms convictions of Class D felony resisting law enforcement, Class B misdemeanor reckless driving and Class B misdemeanor criminal mischief.

Julius Q. Armstead v. State of Indiana (NFP)
79A02-1403-CR-137
Criminal. Affirms sentence for Class B felony robbery.

Opinions Jan. 21, 2015

January 21, 2015

Indiana Court of Appeals
Sandra Elaine Lappin v. Anthony Alex Timmerman (NFP)
86A03-1407-PL-229
Civil plenary. Reverses summary judgment in favor of Timmerman on his motion to dismiss Lappin’s complaint that he not be allowed to participate in an HVAC business in violation of the parties’ covenant not to compete. Remands for further proceedings.

New Albany attorney named part-time magistrate judge

January 21, 2015

A senior partner with Kightlinger & Gray LLP has been selected as a part-time magistrate judge in the U.S. District Court for the Southern District of Indiana.

Committee advances bill raising non-panel limit in medical malpractice claims

January 21, 2015

Medical malpractice claims of up to $50,000 would go directly to court under a proposal that cleared an Indiana Senate committee Wednesday.

Court dismisses 11 property tax exemption appeals for lack of jurisdiction

January 21, 2015

Indiana Tax Judge Martha Wentworth dismissed the challenges brought by 11 cooperatives regarding the Indiana Board of Tax Review’s denial of their appeals after their property tax exemptions were revoked. The judge found the court lacks subject matter jurisdiction to hear the cases.

Renovation bids open for Vanderburgh County courthouse

January 21, 2015

Vanderburgh County officials have begun reviewing bids for the renovation of the third floor at the 126-year-old courthouse in downtown Evansville.

Woman agrees to testify against others in Indiana explosion

January 21, 2015

A woman charged in a deadly 2012 house explosion in Indianapolis agreed Tuesday to plead guilty to conspiracy to commit arson and testify against at least two other people in the fiery natural gas blast that damaged dozens of homes.

Indiana diocese asks judge to toss jury’s in vitro verdict

January 21, 2015

A Roman Catholic diocese wants a federal judge to throw out a jury's verdict that it discriminated against a former teacher fired for trying to get pregnant through in vitro fertilization.

Opinions Jan. 20, 2015 ILD

January 20, 2015

Indiana Court of Appeals
Nathaniel E. Moffett v. State of Indiana (NFP)
90A02-1407-CR-467
Criminal. Affirms 50-year sentence for Class B felony attempted arson, Class C felony possession of a dangerous device by an inmate, Class A misdemeanor intimidation and for being a habitual offender.

Nathaniel J. Richardson v. State of Indiana (NFP)
34A02-1408-CR-564
Criminal. Remands for further proceedings to determine who decided that Richardson was not entitled to good-time credit for the period of in-home detention between January 2012 and January 2013, and whether that entity had authority to make that determination, recalculating credit time if necessary; determine whether Richardson was released on bond on March 6 or March 15, 2013, recalculating credit time if necessary; remove the 43 actual-days credit time from Richardson’s FD-61 sentence; and determine under which cause Richardson was serving in-home detention between March 2013 and March 2014, recalculating credit time if necessary.

Heather L. McDaniel v. State of Indiana (NFP)
12A05-1405-CR-223
Criminal. Affirms aggregate six-year sentence, with a total of five years executed at the Department of Correction and one year suspended to probation, following guilty plea to two counts of Class D felony causing serious bodily injury while operating a vehicle while intoxicated.

Roy Dale Weber v. State of Indiana (NFP)
73A01-1401-CR-8
Criminal. Affirms revocation of probation.

In the Matter of the Term. of the Parent-Child Relationship of C.W. & A.W. and J.W. v. The Ind. Dept. of Child Services (NFP)
06A01-1406-JT-240
Juvenile. Affirms termination of parental rights.

Ritchie Townsend v. State of Indiana (NFP)
49A02-1407-MI-462
Miscellaneous. Affirms denial of petition to expunge Townsend’s 1988 conviction for Class B felony criminal confinement.

Opinions Jan. 20, 2015

January 20, 2015

Indiana Court of Appeals
Jeri Good v. Indiana Teachers Retirement Fund
25A03-1408-MI-278
Miscellaneous. Affirms determination that Good was entitled to only six months of retroactive benefits from the Indiana Public Retirement System instead of a full year as Good sought. Indiana law limits an INPRS member to six months of retroactive retirement benefits. Rejects Good’s claims that she is entitled to additional retroactive benefits based on the theories of equitable estoppel, unjust enrichment and breach of fiduciary duty.

House committee to hear magistrate bills

January 20, 2015

Bills that would provide magistrates for three circuit courts in Southern Indiana are scheduled to be considered Jan. 21 by the Indiana House of Representatives Courts and Criminal Code Committee.

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