Articles

Opinions Sept. 20, 2012 ILD

Indiana Supreme Court and Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals
George Sanders v. State of Indiana (NFP)
02A04-1112-PC-703
Post conviction. Affirms denial of petition for post-conviction relief.

D. Frank Winconek v. State of Indiana (NFP)
18A05-1204-CR-184
Criminal. Affirms sentence following guilty plea to five counts of Class D felony theft.

Abigail Begeman v. State of Indiana (NFP)
30A01-1204-CR-163
Criminal. Affirms sentence for convictions of Class A misdemeanors battery and resisting law enforcement, and Class B misdemeanors disorderly conduct and public intoxication.

Ellis DeBerry v. State of Indiana (NFP)
49A04-1111-CR-606
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Gerald Jerome Cox v. State of Indiana (NFP)
45A03-1202-CR-70
Criminal. Affirms 15-year sentence for Class B felony child molesting.

In the Matter of the Term. of Parent-Child Rel. of Ge.S. & O.S., and G.S. v. The Indiana Dept. of Child Services (NFP)
45A03-1201-JT-11
Juvenile. Affirms involuntary termination of parental rights.

Robert Wendel v. State of Indiana (NFP)
49A02-1201-CR-2
Criminal. Affirms convictions and 40-year sentence for Class A felony robbery, Class B felonies burglary, criminal confinement and aggravated battery, and Class A misdemeanor invasion of privacy.

Angela B. Tate v. State of Indiana (NFP)
02A03-1203-CR-140
Criminal. Affirms restitution order following convictions of Class D felony aiding theft and Class A misdemeanor resisting law enforcement.

Darius Jiggetts v. State of Indiana (NFP)
71A03-1202-CR-59
Criminal. Affirms imposition of consecutive sentences following revocation of probation.

 

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Opinions Sept. 20, 2012

7th Circuit Court of Appeals
G&S Holdings LLC, et al. v. Continental Casualty Company
11-1813
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Jon E. DeGuilio.
Civil. Affirms grant of Continental’s motion to dismiss the suit against it stemming from Continental’s failure to pay adequate damages to G&S Metal Consultants Inc., which caused the plaintiffs damages. The plaintiffs cannot succeed on their claim that the wrong standard was applied to the motion to dismiss and the record supports dismissing for failure to state a claim.

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Lawsuit challenges ‘guns in the workplace’ statutes

A Carmel attorney has filed a lawsuit claiming a Morgan County security company has violated laws that prohibit most employers from asking whether an employee owns, possesses, uses or transports firearms and from preventing employees from having a gun locked up and out-of-sight in their vehicles.

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Chief justice approves master jury list

Indiana Chief Justice Brent Dickson has signed off on the 2013 master list for jury pool assembly. The Judicial Technology & Automation and Jury committees merged data from the Bureau of Motor Vehicles and Department of Revenue to create the list. Any obvious duplicate information, errors or nonqualified persons were removed.

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Opinions Sept. 19, 2012

Indiana Court of Appeals
Michael Carpenter v. State of Indiana
85A05-1202-CR-57
Criminal. Affirms conviction of Class B felony conspiracy to commit dealing in methamphetamine. The police officers did not violate Carpenter’s Fourth Amendment rights when they entered the house’s curtilage pursuant to an arrest warrant and looked into the bathroom window. The officers also did not violate his rights under the Indiana Constitution.

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Court reduces $1.4M judgment in dispute over work done at Honda plant

The Indiana Court of Appeals has found that Greensburg-based Custom Conveyor Inc. is only entitled to recover about a tenth of the original $1.4 million awarded to it on breach of contract and warranty claims the company made against a subcontractor regarding work on the Indiana Honda plant.

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Appellate court upholds life sentence

Duane Turner will spend the rest of his life in prison for murdering a Ball State student in 1994. The Indiana Court of Appeals rejected his claims that his sentence was unconstitutional and that his attorney was ineffective.

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Malpractice complaint hinges on claim of apparent agency

The Indiana Court of Appeals concluded Wednesday that a Bartholomew Superior judge did not err in denying partial summary judgment on the issue of whether two physicians working as independent contractors were the apparent agents of Columbus Regional Hospital.

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