Witnesses: Don Marsh’s expenses never questioned
Lawyers for Don Marsh continue to hammer home their claims that the former supermarket CEO's expenses for lavish travel were widely accepted as normal business costs.
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Opinions Feb. 13, 2013 ILD
Indiana Court of Appeals
Robert Powell v. State of Indiana (NFP)
15A04-1207-CR-375
Criminal. Affirms sentence following guilty plea to Class B felony criminal deviate conduct.
Term. of the Parent-Child Rel. of: A.C., Minor Child, K.W., Mother, and J.C., Father v. Indiana Dept. of Child Services (NFP)
02A04-1206-JT-300
Juvenile. Affirms involuntary termination of parental rights of mother and father.
Julia Patterson v. State of Indiana (NFP)
49A02-1204-CR-300
Criminal. Reverses order Patterson pay $50 supplemental public defender fee and remands for proceedings consistent with the opinion.
Lee Ross v. State of Indiana (NFP)
61A01-1207-CR-306
Criminal. Affirms convictions of three counts of Class A misdemeanor cruelty to an animal.
Term. of the Parent-Child Rel. of: T.B., M.B., and L.B., (Minor Children), and J.B., (Father) v. Indiana Dept. of Child Services (NFP)
02A03-1207-JT-336
Juvenile. Reverses termination of father’s parental rights and remands with instructions that the trial court enter additional findings to support its judgment.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
Opinions Feb. 13, 2013
7th Circuit Court of Appeals
United States of America v. Jesus Uribe
11-3590
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge Jane Magnus-Stinson.
Criminal. Affirms decision granting Uribe’s motion to suppress heroin found after traffic stop. The government failed to show that the officer had reasonable suspicion to stop Uribe’s vehicle to investigate why its registration was tied to a white Nissan whereas the Nissan Uribe was driving was blue. Investigatory stops based on color discrepancies alone are insufficient to give rise to reasonable suspicion.
Judges interpret Probate Code statute in favor of bank
Finding that a bank did not receive proper notice in order to file a claim against an estate, the Indiana Court of Appeals reversed summary judgment in favor of the estate of Samuel Tolley on the bank’s two claims.
Justices decline to order mediation in walkout fines case
The Indiana Supreme Court issued an order Monday refusing to order mediation in the lawsuit filed by Democratic lawmakers after some of their pay was withheld following legislative walkouts in 2011 and 2012.
7th Circuit revises Pattern Criminal Jury Instructions
In light of the recent decision by the U.S. Supreme Court in Smith v. United States, 133 S. Ct. 714 (2013), the 7th Circuit Court of Appeals’ Pattern Jury Instruction Committee has revised the withdrawal instructions.
CVS to pay $400k to state over illegal billings to Medicaid
Indiana Attorney General Greg Zoeller announced Wednesday that CVS has agreed to a settlement to resolve allegations that its pharmacists submitted illegal billings for prescriptions to Medicaid for reimbursement.
Car’s color alone doesn’t support traffic stop
In a matter of first impression in the 7th Circuit Court of Appeals and federal courts, the judges were asked to consider whether a discrepancy between the observed color of a car and the color listed on its registration alone gives rise to reasonable suspicion of criminal activity.
Commission for children, appellate judge retirement age legislation moving
The Indiana Senate passed on second reading Tuesday legislation that will create a commission on improving the status of children in the state. The introduced version of Senate Bill 125 was prepared by the Department of Child Services Interim Study Committee.
David Marsh defends trips he took at company’s expense
Don Marsh's son David, who served under his father as president of Marsh Supermarkets Inc, traveled widely, often on the company jet, just as his father did.
Opinions Feb. 12, 2013 ILD
Indiana Court of Appeals
Christopher Stark v. State of Indiana (NFP)
82A04-1207-CR-363
Criminal. Affirms conviction and sentence on three Class A misdemeanor charges of neglect of a dependent.
Daniel Peters v. State of Indiana (NFP)
34A02-1207-CR-569
Criminal. Affirms 15-year sentence imposed after guilty plea to a Class B felony charge of possession of methamphetamine in excess of three grams.
Hoffco/Comet Industries, Inc., John A. Bratt v. Arnold Boyd, Alan J. Cox, Richard D. Martin and Gary Weilenman (NFP)
89A01-1208-PL-365
Civil plenary. On interlocutory appeal, reverses trial court denial of John Bratt’s motion to dismiss.
Christopher E. Wooten v. State of Indiana (NFP)
73A01-1206-CR-279
Criminal. Affirms Class D felony conviction of child seduction.
Wesley Allen Thompson, Jr. v. State of Indiana (NFP)
27A05-1205-CR-283
Criminal. Affirms Class D felony conviction of perjury.
Tarrence Lee v. State of Indiana (NFP)
71A03-1210-CR-424
Criminal. Affirms trial court denial of motion to set bail on a charge of murder.
Reginald Spinks v. State of Indiana (NFP)
49A04-1206-CR-314
Criminal. Affirms Class A misdemeanor conviction of carrying a handgun without a license.
Phillip Rumley, Sr. v. Laurie Ferguson (NFP)
67A01-1207-DR-298
Domestic relations. Reverses and remands an order calculating Rumley’s child support arrearage.
Indiana Tax Court issued no opinions by IL deadline Tuesday.
Opinions Feb. 12, 2013
7th Circuit Court of Appeals
Lock Realty Corp. IX v. U.S. Health LP, et al
11-3477, 11-3570 and 12-1334
Civil. On a host of claims stemming from long-running litigation between the owners of property and the lessee who operated a Goshen nursing home, affirms judgment of the District Court for the Northern District of Indiana, South Bend District. Costs are taxed against U.S. Health and Americare.
7th Circuit affirms District Court in long-running nursing home litigation
More than a decade’s worth of litigation was tied up in a 21-page opinion from the 7th Circuit Court of Appeals on Tuesday, which affirmed decisions in favor of a landowner against the owners of a nursing home lessee.
Supreme Court affirms what is said in mediation, stays in mediation
A husband will not be able to offer as evidence comments made during a mediated settlement conference with his ex-wife, the Indiana Supreme Court has affirmed.
Transfer vacated, justices take no new cases
The Indiana Supreme Court last week vacated transfer in a criminal case and took up no new cases.
Sun Capital execs ‘shocked’ by Marsh financials
Any feelings of satisfaction that executives of Sun Capital Partners had after completing its acquisition of Marsh Supermarkets Inc. quickly turned to “shock and surprise,” a managing director of the private-equity firm told jurors Tuesday.
Bill enabling legislators to fight for immigration law in court gets hearing
State senators who are fighting to go to court to defend parts of Indiana’s immigration law – a law that Attorney General Greg Zoeller concluded could not withstand constitutional scrutiny – will hear a bill Wednesday that would give them the power to defend their measures in such cases.
Anti-meth bill and right to hunt amendment clear Senate, head to House
Two high-profile bills cleared the Indiana Senate Monday and are headed to the House of Representatives.
New report highlights potential benefits of Medicaid expansion
Days after Gov. Mike Pence came out against expanding Medicaid, the Indiana Hospital Association has issued a report that estimates increasing coverage could generate up to $3.4 billion in new economic activity and finance more than 30,000 jobs in the state through 2020.