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Opinions Aug. 27, 2012 ILD

August 27, 2012

7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.

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

Indiana Court of Appeals
Michael Butler and Amanda Butler v. Jerry Hall and Susan Hall (NFP)
07A01-1111-SC-521
Small claims. Affirms trial court judgment in favor of defendants.

Arbie Clay, Jr. v. State of Indiana (NFP)
34A02-1202-CR-156
Criminal. Affirms trial court conviction of Class C felony robbery.

Lloyd E. Lynch v. State of Indiana (NFP)
49A04-1111-CR-604
Criminal. Affirms conviction of Class B felony confinement.

Ayman Eldosougi v. State of Indiana (NFP)
49A02-1202-CR-103
Criminal. Affirms conviction of Class A misdemeanor domestic battery.

K.C., on Behalf of M.C. v. State of Indiana (NFP)
32A01-1111-JV-533
Juvenile. Affirms delinquency order requiring payment of certain fees.

Robert Cruser, III v. State of Indiana (NFP)
29A02-1203-CR-187
Criminal. Affirms conviction of Class D felony domestic battery.

In the Matter of the Guardianship of Guido Joiko; Kenneth Schaaf v. Fifth Third Bancorp, Guido Joiko, and Geralyn Bradley (NFP)
87A04-1112-GU-705
Guardianship. Affirms trial court ruling that Joiko was of sound mind when he executed a revised trust.

Larry Schine v. State of Indiana (NFP)
79A02-1112-CR-1145
Criminal. Affirms in part and remands in part with orders to vacate a conviction of possession of cocaine, which the court ruled violated double jeopardy of a simultaneous conviction of dealing in cocaine.

Term. of Parent-Child Rel. of A.J.-G., Minor Child, and her Mother, S.J.-G.; S.J.-G. v. Indiana Dept. of Child Services (NFP)
71A05-1112-JT-696
Juvenile/termination. Affirms trial court order terminating mother S.J.-G’s parental rights to A.J.-G.

Terry Chanley v. State of Indiana (NFP)
87A01-1201-CR-42
Criminal. Affirms trial court denial of motion for jail time credit.

Opinions Aug. 27, 2012

August 27, 2012

Indiana Court of Appeals
Ian McCullough v. State of Indiana
49A02-1106-PC-571
Post-conviction relief. Affirms post-conviction court’s judgment that trial counsel was not ineffective, holding that McCullough failed to carry his burden to show that the evidence as a whole leads unerringly and unmistakably to a conclusion opposite that reached by the post-conviction court.

COA finds petitioner failed to show trial counsel was ineffective

August 27, 2012

In affirming a post-conviction court’s judgment, the Indiana Court of Appeals found a convicted child molester failed to carry his burden in claiming that his attorney was ineffective.

Court affirms judgment with minor recalculation in decade-long dispute

August 27, 2012

The Indiana Court of Appeals affirmed most of the $627,570 judgment in favor of a Fort Wayne restaurant operator sued by former mortgagors in a rehearing of litigation dating back more than a decade, but it ordered recalculation of a judgment based on the restaurant’s earnings.

Appeals court reverses decision for lessee of contaminated industrial building

August 27, 2012

A company that leased a building with environmental contamination was improperly granted summary judgment over the environmental issues and claims of breach of contract, the Court of Appeals ruled Monday.

Judges order new robbery trial

August 27, 2012

Because a trial judge did not re-read all of the jury instructions when giving jurors an additional instruction after deliberations began, the Indiana Court of Appeals ordered a new trial on the felony robbery charge.

Man unable to prevent settlement agreement

August 27, 2012

The man who wanted to purchase a divorcing couple’s farm lacked a present interest in the real estate and couldn’t prevent a settlement agreement between the couple, which led to the husband keeping the farm, the Indiana Court of Appeals held.

Maurer taps faculty and alumni to serve on dean search committee

August 27, 2012

Indiana University Provost and Executive Vice President Lauren Robel has announced the members of the search and screening committee to identify finalists for the position of dean of the Indiana University Maurer School of Law.

State sues ex-school chief, seeks $615,000

August 24, 2012

The former superintendent of a small southern Indiana school system owes the district more than $615,000 in public money that he misappropriated, according to a lawsuit filed by Indiana Attorney General Greg Zoeller’s office.

Law firms pursue BP bad-gas class action

August 24, 2012

One Indiana firm has filed a class-action lawsuit against BP in the wake of the company's gasoline recall in northwest Indiana. Two other law firms are pursuing a possible class-action suit.

Opinions Aug. 24, 2012 ILD

August 24, 2012

7th Circuit Court of Appeals issued no opinions by IL deadline.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline.

Indiana Court of Appeals
MSKTD & Associates, Inc. v. CCJ Enterprises, LLC, Jeffrey Sassmannshausen, Loretta Sassmannshausen, Salin Bank & Trust Company (NFP)
02A04-1202-PL-101
Civil plenary. Affirms summary judgment in favor of defendants.

Opinions Aug. 24, 2012

August 24, 2012

Indiana Court of Appeals
MSKTD & Associates, Inc. v. CCJ Enterprises, LLC, Jeffrey Sassmannshausen, Loretta Sassmannshausen, Salin Bank & Trust Company (NFP)
02A04-1202-PL-101
Civil plenary. Affirms summary judgment in favor of defendants.

Updated instructions aim to prevent social media use during trial

August 24, 2012

Federal judges have new guidelines for keeping Twitter and Facebook out of the jury box.

Steak ’n Shake loses appeal over franchisee’s independent pricing

August 24, 2012

A longtime Steak ’n Shake franchisee who sued the chain after it insisted on setting prices for menu items prevailed again Friday as the 7th Circuit Court of Appeals affirmed an Illinois federal court’s ruling in the franchisee’s favor.

Opinions Aug. 23, 2012 ILD

August 23, 2012

7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

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

Indiana Court of Appeals
Arnie Cook v. Greeno Insurance, Inc., and Carl Greeno, Jr. (NFP)
34A02-1203-PL-199
Civil plenary. Affirms grant of summary judgment in favor of Greeno Insurance Inc. in Cook’s action against Greeno Insurance and Greeno Jr alleging interference with a business relationship and breach of fiduciary duty.

Krista C. (Wilson) Williams v. Philip S. Wilson (NFP)
41A01-1111-DR-541
Domestic relation. Remands for trial court to reconsider its decision regarding the timing of supervised visitation and affirms in all other respects.

Brian C. Hostetler v. State of Indiana (NFP)
47A05-1112-CR-659
Criminal. Affirms conviction of Class C felony battery by means of a deadly weapon.

Opinions Aug. 23, 2012

August 23, 2012

Indiana Court of Appeals
Konrad Motor and Welder Service, Inc., Konrad Lambrecht, and Sharon Lambrecht v. Magnetech Industrial Services, Inc.
45A04-1203-CC-109
Civil collection. Reverses summary judgment for Magnetech and piercing Konrad Electric’s corporate veil because there are genuine issues of material fact. Affirms summary judgment for Magnetch on whether Konrad Motor and Welder Service is the alter ego of Konrad Electric. Remands for determination whether Konrad Electric’s corporate veil should be pierced and liability imposed upon the Lambrechts. If pierced, Konrad and Sharon Lambrecht may be held individually liable. Judge Crone concurs in part and dissents in part.

IUPUI names McKinney dean search committee members

August 23, 2012

Indiana University-Purdue University Indianapolis Chancellor Charles R. Bantz announced the names of 14 people who will serve on a committee that will conduct a national search for Indiana University Robert H. McKinney School of Law’s next dean. Dean Gary Roberts has announced that he will retire as dean in June 2013.

Judges disagree over use of summary judgment to pierce corporate veil

August 23, 2012

One Court of Appeals judge believed the “only reasonable inference” that could be drawn from the evidence in a collections case is that a former company was a “sham corporation,” so the trial court properly pierced the corporate veil on summary judgment.

7th Circuit rules trial attorneys not ineffective

August 23, 2012

The 7th Circuit Court of Appeals declined to find a defendant's trial attorneys' representation objectively deficient or ineffective pertaining to how they handled a man’s sentencing hearing.

Bunch freed after 16 years in prison

August 23, 2012

Kristine Bunch, the woman who claimed she was wrongfully convicted of killing her son in a fire in 1995, was released from prison following a bond hearing Wednesday in Decatur County. The Indiana Court of Appeals reversed her convictions and ordered a new trial on the murder charge.

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