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Opinions Sept. 18, 2013

September 18, 2013

Indiana Supreme Court
Kevin M. Clark v. State of Indiana
20S05-1301-CR-10
Criminal. Reverses conviction and 45-year sentence for Class A felony attempted dealing in methamphetamine, holding that police violated the Fourth Amendment protections of Kevin Clark when a late-night call regarding someone allegedly living improperly at a 24-hour self-storage unit instead became a “fishing expedition” for narcotics based on an officer’s hunch. Officers saw nothing illegal or appearing to constitute narcotics use, and evidence gathered from resulting search must be suppressed as fruit of the poison tree, a 4-1 majority ruled. Justice Mark Massa dissented, holding that when Clark dropped a bag as police approached, it provided reasonable suspicion, as did Clark’s subsequent admission that the bag contained marijuana.

Indiana Judicial Conference convenes in Fort Wayne

September 18, 2013

The 2013 Annual Meeting of the Judicial Conference of Indiana started Sept. 18, with judges and magistrates from around the state gathering in Fort Wayne.

Conour victims number 33, court filing reveals

September 18, 2013

A defense request for more time to object to a presentence investigation report discloses that the number of victims of former leading personal-injury attorney William Conour is 33, more than the number the government has previously alleged.

Founding attorney’s move to join mediation group will change law firm name

September 18, 2013

The Indianapolis law office of Collignon Dietrick P.C. will be undergoing a transition as one of its shareholders prepares to exit.

Justices seek amicus briefs in partial consecutive sentence case

September 18, 2013

The Indiana Supreme Court wants to hear from the legal community: Are partial consecutive sentences allowable?

Receipt from mom’s cab ride does not prove son was home alone

September 18, 2013

A trial court did not abuse its discretion when it excluded an undated taxi cab receipt that a LaPorte County man tried to offer as proof he did not participate in a robbery spree, the Indiana Court of Appeals has ruled.

Workers’ comp not sole remedy against AT&T entity for fall causing injury

September 18, 2013

A worker injured in a fall when she tripped on snow-covered legs of a construction sign placed near the AT&T building where she worked may proceed with a claim against one of the company’s corporate entities.

Arbitrator’s unavailability will not stop arbitration from starting

September 18, 2013

The Indiana Court of Appeals has found an arbitration agreement’s “plain language” trumps a woman’s attempt to stop the alternative dispute resolution process.

Lack of transcript limits review of fire damages award on appeal

September 18, 2013

A panel of the Indiana Court of Appeals rejected an appeal seeking full compensation after an Allen County fire in large part because the appealing party included no transcript of the trial court proceedings.

Justices: Meth arrest of man at rental storage unit violated Fourth Amendment

September 18, 2013

A man’s conviction and 45-year sentence on a meth charge cannot stand because the police search at a rental storage unit that led to his arrest violated his Fourth Amendment protections, a majority of the Indiana Supreme Court ruled.

Opinions Sept. 17, 2013 ILD

September 17, 2013

Indiana Court of Appeals
Kenneth F. Kipp v. State of Indiana (NFP)
73A01-1211-CR-507
Criminal. Affirms conviction of Class A felony burglary; Class B felony armed robbery; two counts of Class B felony burglary; Class B felony attempted carjacking; two counts of Class C felony battery with a deadly weapon; Class C felony attempted robbery; two counts of Class D felony theft; Class D felony resisting law enforcement; and being a habitual offender.

Eric G. Couthen v. State of Indiana (NFP)
84A04-1302-CR-65
Criminal. Affirms sentence imposed after revocation of probation for conviction of Class C felony intimidation.

Spiros Alatorre v. State of Indiana (NFP)
49A04-1301-CR-28
Criminal. Reverses and vacates convictions for Class A felony kidnapping and Class B felony carjacking on double-jeopardy grounds, but finds a 45-year executed sentence for conviction of murder is not inappropriate.

Dellia Castile v. State of Indiana (NFP)
71A04-1212-CR-625
Criminal. Affirms conviction and 50-year aggregate sentence for conviction of Class A felony neglect of a dependent and Class B felony neglect of a dependent.

Katherine Cervantes v. State of Indiana (NFP)
10A04-1301-CR-19
Criminal. Affirms five-year aggregate sentence for conviction of Class C felony sexual misconduct with a minor and Class A misdemeanor contributing to the delinquency of a minor.

Jennifer Rose Peverly v. State of Indiana (NFP)
54A01-1303-CR-145
Criminal. Affirms aggregate three-year sentence for conviction of three counts of Class A misdemeanor invasion of privacy.

The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline.

Opinions Sept. 17, 2013

September 17, 2013

Indiana Tax Court
United Parcel Service, Inc. v. Indiana Department of State Revenue
49T10-0704-TA-24
Premiums tax. On remand from a reversal by the Indiana Supreme Court, denies UPS’s motion for summary judgment of an appeal of taxes due for the years 2000 and 2001 and grants summary judgment in favor of the Department of Revenue, holding that statutes governing premiums tax on out-of-state insurers are immune from Commerce Clause challenges.

Murder confession after racially charged interrogation heads to Supreme Court

September 17, 2013

Justices of the Indiana Supreme Court agreed to review whether the confession of a man charged with murder can be used against him because it was gained during a racially charged interrogation.

Commemorating Constitution Day? There’s an app for that

September 17, 2013

Just in time for Constitution Day, there is now an app for constitutional case law.

COA rules serving time at home same as serving time in prison

September 17, 2013

The Indiana Court of Appeals remanded a case for a new sentencing order after a defendant successfully argued home detention counts as part of his executed sentence.

Tax Court rules against UPS reinsurer on case justices reversed, remanded

September 17, 2013

United Parcel Service and its reinsurance affiliates are obligated to pay about $650,000 in taxes from the years 2000 and 2001, the Indiana Tax Court held. The court previously ruled in UPS’s favor, but this opinion comes on remand from an Indiana Supreme Court reversal.

Appeals court affirms judgment in family land-contract dispute

September 17, 2013

A trial court properly ruled that an insurance company owed no duty to a mother who sold property on contract to her son and daughter-in-law, but the son and daughter-in-law who collected proceeds from the policy do.

Bridge complaint raises questions about governmental immunity

September 17, 2013

The Indiana Court of Appeals addressed conflicting caselaw about a government’s immunity from liability before siding with the older precedent and ruling that any move to overturn that case should be left to the Indiana Supreme Court.

Attorney fees affirmed in trucking dispute; COA declines to bar such awards

September 17, 2013

An appellate panel Tuesday affirmed an award of attorney fees under a standard industry agreement and declined an invitation to strip Indiana trial courts of the ability to enter such judgments.

Easterbrook applauds Indiana Tech Law School for trying new approach

September 16, 2013

Indiana Technical Institute used the dedication ceremony for its new law school to reiterate its vision of legal education and push back against critics.

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