Bill adding magistrates, judges in 3 counties moves to governor
Legislation that will add more judicial officers in Hamilton, Hendricks and Owen counties passed unanimously out of the House of Representatives Tuesday.
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Justices divided over vacating transfer in drug case
Three of the five Indiana justices have decided that the Indiana Court of Appeals decision in Andrew Humphreys’ case challenging his habitual offender adjudication should stand, so they voted to vacate transfer granted in December.
7th Circuit: no liability insurance coverage for associate’s error
The 7th Circuit Court of Appeals agreed with a Northern District judge’s conclusion that a Dyer law firm’s professional liability insurer did not have to cover a mistake by an associate in a client’s failed business deal because the firm didn’t timely notify its insurer of a potential malpractice claim.
Opinions April 2, 2013 ILD
Indiana Court of Appeals
Term. of the Parent-Child Rel. of: S.B. (Minor Child) and W.G. (Father) v. The Indiana Dept. of Child Services, and Child Advocates, Inc. (NFP)
49A02-1208-JT-663
Juvenile. Affirms involuntary termination of parental rights.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
Opinions April 2, 2013
7th Circuit Court of Appeals
Koransky, Bouwer & Poracky P.C. v. The Bar Plan Mutual Insurance Co.
12-1579
U.S. District Court, Northern District of Indiana, Judge William C. Lee.
Civil. Affirms summary judgment for The Bar Plan and the denial of Koransky Bower & Poracky’s motion for summary judgment on whether The Bar Plan had to represent the law firm or indemnify it on a client’s malpractice claim. The law firm’s knowledge of the email exchange with the seller’s counsel in February and the Alabama declaratory judgment action filed March 14 constituted knowledge of “any circumstance, act or omission that might reasonably be expected to be the basis of” a malpractice claim by the firm’s client. The firm did not notify The Bar Plan in a timely manner.
Contentious Senate panel advances voucher expansion
A proposal to expand Indiana’s school voucher program moved to the full Senate on Tuesday, but not before opponents said the unknown costs and impact of the bill amounted to a fiscal cliff for the state and a bailout of private religious schools.
Justices accept 3 cases, including environmental suit
The Indiana Supreme Court agreed last week to take three cases – an environmental damages lawsuit, an insurance dispute and a woman’s challenge to her drug charges.
Sullivan to mediate Lake Superior judge dispute
Former Justice Frank Sullivan will mediate a dispute over a Lake Superior Court judgeship vacancy, the Indiana Supreme Court ordered Monday.
Opinions April 1, 2013 ILD
Indiana Court of Appeals
Daniel G. Suber & Associates v. Edward Smith (NFP)
45A04-1205-CT-278
Civil tort. Affirms grant of Smith’s motion to enforce an equitable lien and the award of attorney fees. Denies Smith’s request for appellate attorney fees.
Edward E. Wroblewski v. Linda M. (Wroblewski) Cain (NFP)
33A01-1204-DR-170
Domestic relation. Affirms judgment issued in favor of Linda Cain resolving various petitions and motions related to the post-secondary education component of the parties’ child support obligations.
Aaron Ingle v. State of Indiana (NFP)
49A02-1206-CR-538
Criminal. Affirms convictions of three counts of Class D felony neglect of a dependent.
Rickie B. Gilliam v. State of Indiana (NFP)
79A02-1206-CR-482
Criminal. Affirms convictions and sentence for two counts of Class A felony attempted murder and one count of Class B felony possession of a firearm by a serious violent felon.
Charles Dunmore v. State of Indiana (NFP)
34A02-1209-CR-769
Criminal. Affirms convictions of Class D felony possession of cocaine and Class A misdemeanor resisting law enforcement.
Trivest Partnership, L.P. v. James Gagan, Fred Wittlinger, Jack Allen and Eugene Deutsch (NFP)
45A03-1205-CT-208
Civil tort. Affirms denial of Trivest Partner’s motion for attorney fees against Gagan, Wittlinger, Allen and Deutsch.
Fayette County Board of Commissioners v. Howard Price (NFP)
21A04-1208-PL-434
Civil plenary. Affirms denial of the board of commissioner’s motion for summary judgment after the court concluded that the board’s decision not to reappointment Price as director of highway operations was a quasi-judicial decision that is subject to judicial review.
Baldemar Lopez Saldana v. State of Indiana (NFP)
20A05-1203-PC-128
Post conviction. Remands with instructions to dismiss Saldana’s appeal for relief from a ruling entered against him.
In the Matter of the Termination of the Parent-Child Relationship of: W.S.; B.B. v. Indiana Department of Child Services (NFP)
34A02-1210-JT-867
Juvenile. Affirms termination of parental rights.
Andrew Ray Golden v. State of Indiana (NFP)
40A05-1205-CR-243
Criminal. Affirms convictions of Class A felony manufacturing methamphetamine within 1,000 feet of a public park and Class D felony unlawful possession of a hypodermic needle.
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.
Opinions April 1, 2013
Indiana Court of Appeals
Roche Diagnostics Operations, Inc. v. Marsh Supermarkets, LLC
29A02-1201-PL-4
Civil plenary. Affirms judgment in favor of Marsh Supermarkets. The trial court did not abuse its discretion in awarding Marsh damages based on Roche’s rental obligation under the 18-year term of the sublease after Roche terminated it over a subordination non-disturbance and attornment agreement. Judge Crone dissents.
Roche owes Marsh Supermarkets $18M for breaking sublease
The Indiana Court of Appeals upheld judgment Monday in favor of Marsh Supermarkets LLC on its complaint alleging that Roche breached a contract to sublease space in the Fishers building that houses Marsh’s headquarters.
Judges reaffirm reversal of truck forfeiture in pirated movies case
The Indiana Court of Appeals granted the state’s petition for rehearing in a case in which the judges ruled a man shouldn’t have had his truck taken by the state because he sold pirated movies from it. But the appellate court again ruled in favor of Michael Curtis.
Judge allows Corcoran to appeal denial of habeas corpus
Joseph Corcoran, who has been sentenced to death for killing four men in 1997, will be allowed to appeal the denial of his petition for habeas corpus to the 7th Circuit Court of Appeals.
Opinions March 29, 2013 ILD
The Indiana Supreme Court, Court of Appeals and Tax Court were closed Friday in observance of Good Friday.
Opinions March 29, 2013
7th Circuit Court of Appeals
Phillip Jackson and Deborah Jackson v. Bank of America Corp., et al.
12-3338
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms dismissal of the Jacksons’ action to quiet title and claims that all or some of the defendants negligently evaluated the Jacksons’ ability to repay the loan and that the loan contract was substantively and procedurally unconscionable. The Jacksons can’t show that the institutions actually owed them a duty, and they failed to allege facts that would support any unconscionability determination in Indiana.
Man may not have drug sentence reduced after pleading guilty
The 7th Circuit Court of Appeals affirmed the denial of a defendant’s request to reduce his sentence after he pleaded guilty to distributing crack cocaine. The judges also pointed out concerns with the use of a form order in his case.
Kenley appears warm to boost in Odyssey funding
Senate Appropriations Chairman Luke Kenley, R-Noblesville, on Thursday signaled he supported a boost in funding for the Odyssey case management system and other court technology functions, after proposed funding was reduced in the House budget plan.
7th Circuit rules against homeowners on quiet title action
A Hamilton County couple who went into default on their home mortgage loan had the dismissal of their action to quiet title and claims of negligence and unconscionability upheld Friday by the 7th Circuit Court of Appeals.
Judge: State can’t enforce 2 parts of immigration law
U.S. Judge Sarah Evans Barker has ruled that the state can’t enforce two sections of the Indiana law dealing with immigration: one dealing with arrests and one dealing with the use of consular identification cards for identification.