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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Federal judges have new guidelines for keeping Twitter and Facebook out of the jury box.
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.
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.
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.
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.
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.
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.
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.
A trial court properly determined an alternate juror’s alleged conduct posed only a remote risk of prejudice, and the judge’s admonishment of that juror was not an error, the Indiana Court of Appeals held.