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Opinions June 21, 2013

Indiana Court of Appeals
Gasser Chair Company, Inc. v. Marlene J. Nordengreen, Horseshoe Hammond, LLC, d/b/a Horseshoe Casino
45A03-1210-CT-435
Civil tort. Affirms summary judgment for Horseshoe Casino and denial of Gasser Chair Co.’s motion on Nordengreen’s claim that she was injured at the casino while using a chair Gasser manufactured. Gasser has not demonstrated Horseshoe had actual knowledge the chair was dangerous. Declines to hold a premises owner’s knowledge of a dangerous condition on its premises cannot be determined without first knowing the dangerous condition was the “sole proximate case” of an injury. Remands for the trial court to resolve the remaining issues raised in Horseshoe’s third-party complaint against Gasser.

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Marion County seeks plan to handle expungement requests

Marion County courts expect a flood of requests for expungement of criminal convictions and charges after a new law takes effect July 1. Judges on Friday agreed for now those requests should be heard by the judges in courts where the convictions were entered or charges brought.

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Appeals court upholds woman’s sentence for treatment of cats

A Fort Wayne woman who kept more than 100 cats between two properties in deplorable conditions had her sentence for multiple counts of criminal mischief and animal cruelty upheld by the Indiana Court of Appeals. The judges declined to revise her sentence because it was appropriate given her character and the nature of the offense.

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Injured man who sued estate can only recover insurance policy limits

A man who was injured in an auto accident with a woman who died the following year cannot recover any funds from her estate, the Indiana Court of Appeals ruled. But the trial court didn’t err in denying the estate’s motion to amend the jury award, because it is a valid judgment despite that the man can only recover funds available under the policy limits of the woman’s insurance policy.

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Summary judgment affirmed for casino in collapsing chair suit

The manufacturer of a chair that came down on a patron’s leg as she sat on it appealed the denial of its summary judgment on the woman’s complaint, arguing the northern Indiana casino shouldn’t have been granted summary judgment. The Indiana Court of Appeals affirmed Friday, but ordered more proceedings on Horseshoe Casino’s third-party complaint against Gasser Chair Co.

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Opinions June 20, 2013 ILD

Indiana Court of Appeals
Corey L. Grier v. State of Indiana (NFP)
20A05-1212-CR-658
Criminal. Reverses sentence following guilty plea to Class D felony possession of marijuana and remands for the trial court to amend the sentencing order to comply with the plea agreement.

Robert Dashon James v. State of Indiana (NFP)
71A03-1301-CR-4
Criminal. Affirms conviction of Class C felony felon in possession of a handgun.

Samuel Bradbury v. State of Indiana (NFP)
79A02-1210-CR-828
Criminal. Affirms denial of motion to suppress.

Joseph Barefield v. State of Indiana (NFP)
49A05-1210-CR-528
Criminal. Affirms convictions of three counts of Class B felony sexual misconduct with a minor.

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

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Advisory opinion expresses concerns over certain judicial pay arrangements

The Indiana Commission on Judicial Qualifications has released an advisory opinion addressing salary payments to judges and judicial officers that may be made contingent on the number of cases filed with the court. The opinion cautions against accepting compensation from sources that may lead to the appearance of influencing the court.

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Opinions June 19, 2013 ILD

Indiana Court of Appeals
Natalie Rouse v. State of Indiana (NFP)
02A03-1212-CR-550
Criminal. Affirms conviction of Class C misdemeanor operating a motor vehicle without ever receiving a license.

Jason E. Morales v. State of Indiana (NFP)
87A01-1211-PC-530
Post conviction. Affirms denial of petition for post-conviction relief.

In the Matter of: M.W., Minor Child, A Child in Need of Services, E.W., Father v. Indiana Department of Child Services (NFP)
49A05-1210-JC-500
Juvenile. Affirms parental participation order entered as part of the juvenile court’s dispositional order.

Corey L. Mosley v. State of Indiana (NFP)
49A02-1203-PC-249
Post conviction. Affirms denial of petition for post-conviction relief.

Jason Matlock v. State of Indiana (NFP)
49A02-1209-CR-742
Criminal. Affirms admission of evidence police obtained pursuant to a traffic stop.

Wellpoint, Inc. (f/k/a Anthem, Inc.) and Anthem Insurance Companies, Inc. v. National Union Fire Ins. Co. of Pittsburgh, Pa; AIG Europe (U.K.) Limited, New Hampshire Ins. Co., et al. (NFP)
49A05-1202-PL-92
Civil plenary. Affirms summary judgment for Wellpoint’s insurers, who denied coverage for Wellpoint’s defense and settlement of a number of lawsuits against it.

King of Clean Automotive, LLC, v. New Truck Alternative, LLC. (NFP)
29A02-1205-MI-414
Miscellaneous. Affirms the ruling that King of Clean’s mechanic’s liens were not valid and the grant of New Truck Alternative’s petition for replevin.

Erica Battle v. State of Indiana (NFP)
49A02-1211-CR-924
Criminal. Remands with instructions that the trial court vacate two of the three Class C forgery convictions and affirms in all other respects.

Christopher Baxter v. State of Indiana (NFP)
22A01-1210-CR-447
Criminal. Affirms murder conviction and reverses Baxter’s 55-year sentence and remands with instructions to sentence him under the correct statute.

Anthony Houston v. State of Indiana (NFP)
49A05-1208-PC-432
Post conviction. Affirms denial of petition for post-conviction relief.

In Re: The Marriage of: Caleb E. Campbell v. Anna P. Campbell (NFP)
71A03-1210-DR-420
Domestic relation. Reverses order that the paternal and maternal grandparents participate in family therapy and the court orders with respect to the division of the marital estate to the extent it failed to allocate Pell grants to Caleb Campbell. Remands for modification of the decree of dissolution consistent with this opinion and affirms in all other respects.

In Re: The Marriage of: Bernard Lee, Jr. v. Jackie Smith (NFP)
30A01-1208-DR-380
Domestic relation. Affirms the court’s custody determination for K.L., reverses the court’s order regarding property division and remands for further proceedings.

Bernard L. Strickland v. State of Indiana (NFP)
71A05-1301-CR-10
Criminal. Affirms convictions of Class C felony burglary and Class A misdemeanors resisting law enforcement and possession of paraphernalia and for being a habitual offender.

Daniel R. Fuquay, Sr. v. State of Indiana (NFP)
82A01-1208-CR-360
Criminal. Affirms denial of motion to correct erroneous sentence.

Christopher A. Fischer v. State of Indiana (NFP)
82A04-1207-CR-382
Criminal. Affirms convictions of Class C felony burglary and Class D felonies receiving stolen property and theft.

Wade R. Meisberger v. State of Indiana (NFP)
53A05-1208-CR-452
Criminal. Affirms revocation of suspended sentence.

Tyris D. Lapsley v. State of Indiana (NFP)
02A03-1211-CR-477
Criminal. Affirms sentence for Class D felony possession of marijuana and Class A misdemeanor operating a vehicle while intoxicated.

James H. Suttle, Jr. v. State of Indiana (NFP)
49A02-1211-PC-906
Post conviction. Affirms denial of petition for post-conviction relief.

The Indiana Supreme Court and Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
 

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Opinions June 19, 2013

Indiana Court of Appeals
Revas Spencer v. Tiffany Spencer
36A04-1211-PO-605
Protective order. Reverses denial of the agreed order dismissing an order of protection submitted by the Spencers to the trial court. Since the word “shall” appears in the statute regarding the trial court’s actions when the petitioner files for the dismissal of a protection order, the trial court didn’t have the discretion to deny the parties’ request to dismiss the protective order.

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Lawsuit seeks impartial decision-maker in license plate dispute

The American Civil Liberties Union of Indiana has filed a lawsuit on behalf of the Indiana Youth Group challenging the authority of the state’s Bureau of Motor Vehicles to issue an order of remand on its administrative law judge’s order to restore the LGBT youth group’s specialty license plate.

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Court upholds public intoxication conviction

A man who refused to leave the side of a friend’s mother after she was hit while crossing the street in Indianapolis had his conviction of Class B misdemeanor public intoxication upheld by the Indiana Court of Appeals Wednesday. The court found sufficient evidence to sustain the conviction.

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Man’s claims that protective sweep, search are unconstitutional fail

A protective sweep and subsequent search of a house following the issuance of a search warrant were reasonable under the federal and state constitutions, the Indiana Court of Appeals ruled. The defendant argued that the scope of the sweep – which led to the discovery of drugs and paraphernalia – was impermissibly broad.

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COA reverses denial of petition to dismiss protective order

A Jackson Superior Court erred in denying a couple’s request to dismiss a protective order the wife had taken out against her husband, the Indiana Court of Appeals ruled, because the statute contains the word “shall” regarding the court’s actions when one files for a dismissal of the protective order.

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Indy attorney gets 6 years for estate theft

An Indianapolis attorney who faced felony charges for stealing more than $270,000 from an estate he managed pleaded guilty and was sentenced to six years, the Marion County Prosecutor’s Office announced Tuesday.

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