Verification letters support estoppel argument
A series of verification letters from a subcontractor to a contractor provided the grounds for the doctrine of promissory estoppel from being applied to commercial transactions.
neglect
Articles
Judges divided over complicated issue of wrongful-death attorney fees
A complex and complicated case regarding whether attorney fees awarded from the Indiana Patient’s Compensation Fund are capped at 15 percent led to a split in the Indiana Court of Appeals. The majority decided that the cap does not apply to the calculation of excess damages of any type from the fund.
Prosecutor’s ‘CSI’ remarks don’t reverse molestation conviction
A prosecutor’s comments to a prospective juror comparing the evidence needed for a conviction to that seen in a typical “CSI” television show weren’t fundamental error, a Court of Appeals panel ruled in affirming a man’s child-molestation conviction.
Malpractice complaint hobbled by ongoing foot pain
A woman who suffered with a troubled toe for four years got her medical malpractice claim booted by the Indiana Court of Appeals for waiting too long to file the complaint.
Panel affirms robbery conviction in confrontation clause appeal
A defendant who was denied the opportunity to cross-examine an expert witness who provided cell phone records placing him near the scene of a Morgantown bank robbery wasn’t deprived a fair trial, the Court of Appeals ruled Wednesday.
Divided Supreme Court reinstates claim DCS mishandled abuse case
Claims that the Department of Child Services was negligent in its handling of child-molestation allegations were reinstated Tuesday, when a divided Indiana Supreme Court in a 3-2 opinion reversed in part a trial court grant of summary judgment.
Federal judge blocks Indiana abortion-drug law
A federal judge Tuesday granted an injunction blocking enforcement of an Indiana law that would have required Planned Parenthood clinics that provide abortion-inducing medications to also meet the requirements of clinics that perform surgical abortions.
Ex-IMPD officer Bisard to serve 13 years
Former Indianapolis Metropolitan Police Department officer David Bisard will serve 13 years in prison for his convictions in a fatal drunken-driving crash.
SCOTUS takes ACA ‘contraception mandate’ cases
The U.S. Supreme Court on Tuesday agreed to hear two cases that could determine whether companies that provide health insurance to employees can be required under the new health care law to provide coverage for birth control.
Opinions Nov. 26, 2013 ILD
Indiana Court of Appeals
Keith Walker v. State of Indiana (NFP)
49A04-1301-PC-49
Post conviction. Affirms denial of petition for post-conviction relief.
Brian D. Hodges v. State of Indiana (NFP)
49A05-1302-CR-71
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated.
Georgia Amerson, et al., v. Review Board of the Department of Workforce Development and Durham D&M, LLC. (NFP)
93A02-1301-EX-67
Agency action. Affirms decision that employee bus drivers and monitors of various school systems were not eligible for unemployment compensation because they were on unpaid vacation without remuneration because of their employer’s regular vacation policy and practice pursuant to I.C. 22-4-3-5.
Deandre Watson v. State of Indiana (NFP)
46A03-1304-CR-136
Criminal. Affirms revocation of probation.
David Jessup and Diane Jessup v. Chicago Franchise Systems, Inc. and Jag's Dough Decor d/b/a Nancy's Pizza (NFP)
29A02-1302-PL-160
Civil plenary. Affirms in part, reverses in part and remands. The trial court properly declined to modify the arbitration award, and Chicago Franchise Systems cannot be characterized as a “prevailing party” for purposes of recovery of attorney fees. However, the trial court’s order should have included the additional amount the arbitrator awarded the Jessups “over and above the net award.”
Brandon A. Scott v. State of Indiana (NFP)
82A04-1303-CR-128
Criminal. Affirms conviction of Class C felony possession of cocaine.
Kenneth Galvin v. State of Indiana (NFP)
46A03-1305-CR-174
Criminal. Affirms revocation of probation and order Galvin serve his entire previously suspended sentence in the DOC with credit for time served.
Arturo Torres v. State of Indiana (NFP)
20A03-1301-PC-17
Post conviction. Affirms denial of petition for post-conviction relief.
In Re the Marriage of Scott Roll and Carol Roll, Carol Roll v. Scott Roll (NFP)
27A02-1303-DR-247
Domestic relation. Affirms in part, reverses in part and remands. The trial court considered husband’s VA disability benefits, and did not abuse its discretion when it included wife’s health savings account as marital property. However, the trial court did err when it did not attach specific values to the assets and debts awarded to each party in its unequal distribution.
James Handy v. State of Indiana (NFP)
49A04-1303-CR-132
Criminal. Affirms conviction of Class A felony child molesting and remands for correction to the abstract of judgment.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions Nov. 26, 2013
7th Circuit Court of Appeals
Wanda Goodpaster, et al. v. City of Indianapolis, et al.
13-1629
U.S. District Court, Southern District of Indiana, Indianapolis Division, Chief Judge Richard Young.
Civil. Affirms District Court’s denial of the bar owners’ request for injunctive and declaratory relief against the enforcement of the smoking ban in Indianapolis. They cannot succeed on the merits of any of their myriad claims. The injunction the bar owners sought was thus unwarranted.
Judges affirm man must pay $5,000 in attorney fees to ex-wife
An Allen County man was unsuccessful in his attempts to persuade the Indiana Court of Appeals to reverse the order he pay $5,000 in attorney fees to his ex-wife in litigation over their child’s contact with the ex-wife’s new husband.
COA: Wife of man injured at work entitled to benefits
The Indiana Court of Appeals ruled that the Indiana Worker’s Compensation Board’s decision to deny benefits to a man injured at work was unsupported by the evidence. The judges ordered a determination of the benefits that the man’s widow should receive on his behalf.
Commitment statute not unconstitutional as applied to man with brain injury
A Marion Superior Court did not violate a defendant’s due process rights in ordering his commitment to the Department of Mental Health and Addiction after finding him incompetent to stand trial. Evan Leedy suffered a traumatic brain injury in an auto accident that killed his girlfriend and injured another driver.
Order for IBM to pay subcontractor in state suits affirmed
An appeals court Tuesday affirmed trial court orders that IBM pay a subcontractor for costs it incurred related to lawsuits over the failed $1.3 billion Family and Social Services Administration modernization contract.
Court properly declined to modify spousal maintenance agreement
An ex-wife must pay her husband $4,000 a month in spousal maintenance under an agreement she signed, the Indiana Court of Appeals held Tuesday, affirming a trial court’s decision to deny the woman’s request to modify the maintenance.
Appeals court upholds Indianapolis smoking ban
The 7th Circuit Court of Appeals Monday upheld the citywide smoking ban in most Indianapolis bars, denying the injunction request brought by several bar owners who claimed the 2012 ordinance would have a negative impact on their businesses.
IBM seeks greater judgment; state claims $62 million award erroneous
A $62 million judgment against the state for canceling a contract with IBM to overhaul Indiana’s social services administration is clearly erroneous, an attorney for the state argued Monday, while an IBM lawyer argued the company was entitled to even greater damages.
Opinions Nov. 25, 2013 ILD
Indiana Court of Appeals
James L. Graham v. State of Indiana (NFP)
73A01-1304-CR-151
Criminal. Vacates a purported habitual offender enhancement and affirms the three-year aggregate sentence following guilty pleas to Class D felony operating a vehicle while intoxicated, Class A misdemeanor operating with suspended license and Class B misdemeanor false informing.
James Mathis v. State of Indiana (NFP)
49A02-1305-CR-399
Criminal. Affirms placement with the Department of Correction after he was thrice found to have violated the terms of his community corrections placement.
Dorian Stephens v. State of Indiana (NFP)
20A05-1304-CR-175
Criminal. Affirms convictions of three counts of Class B felony dealing in a narcotic and one count of Class D felony money laundering. Remands for sentencing clarification and correction.
Charles E. Norris v. State of Indiana (NFP)
57A03-1302-CR-61
Criminal. Affirms Norris was not denied his Sixth Amendment right to counsel when he attempted to withdraw his guilty plea.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions Nov. 25, 2013
Indiana Court of Appeals
James L. Graham v. State of Indiana (NFP)
73A01-1304-CR-151
Criminal. Vacates a purported habitual offender enhancement and affirms the three-year aggregate sentence following guilty pleas to Class D felony operating a vehicle while intoxicated, Class A misdemeanor operating with suspended license and Class B misdemeanor false informing.