Justices take 5 cases, deny IBM appeals

The Indiana Supreme accepted five cases last week on transfer, including an appeal of an order that a woman pay $4,000 a month to her ex-husband in spousal maintenance. The justices also denied 18 cases, including appeals by IBM and subcontractor regarding the failed contract to update the state’s welfare system.

Justices will hear Barbara J. Pohl v. Michael G. Pohl, 32A04-1404-DR-245, in which Barbara Pohl seeks to reduce the $4,000 in spousal maintenance she pays to her ex-husband to $1,000 a month, based in part on Michael Pohl’s increased Social Security income payments. The Court of Appeals affirmed, finding the evidence supported the maintenance amount.

The justices also took:

• Jonathan D. Carpenter v. State of Indiana, 02A05-1404-CR-246, in which the Indiana Court of Appeals held Jonathan Carpenter’s federal and state constitutional rights weren’t violated when police entered his home without a warrant based on concerns an injured animal or person may be inside.
• Joseph K. Buelna v. State of Indiana, 20S04-1404-CR-243, a not-for publication decisions in which the Court of Appeals affirmed Joseph Buelna’s conviction and sentence for Class A felony manufacturing methamphetamine. He argued the trial court erred in admitting evidence found in a warrantless search, that the state didn’t present sufficient evidence to support the conviction and his 50-year sentence, with 20 years suspended, was inappropriate.
• Wellpoint, Inc. (f/k/a Anthem, Inc.) and Anthem Insurance Companies, Inc. v. National Union Fire Ins. Co. of Pittsburgh, Pa; AIG Europe (U.K.) Limited, New Hampshire Ins. Co., et al., 49S05-1404-PL-244, a not-for-publication opinion in which the Court of Appeals affirmed summary judgment for Wellpoint’s insurers, who denied coverage for its defense and settlement of a number of lawsuits against it.
• In the Matter of the Guardianship of N.R., N.R. v. Eva Willis, et al., 45S05-1404-GU-251 a guardianship appeal out of Lake County that is going directly to the Supreme Court.

The high court was divided over denying transfer to the appeals by the ACS Human Services LLC and IBM in International Business Machines Corporation v. ACS Human Services, LLC, 49A02-1301-PL-49. Justice Steven David voted to grant petition for transfer. Justice Mark Massa did not participate in the decision to deny transfer. The Court of Appeals in November affirmed trial court orders that IBM pay a subcontractor for costs it incurred related to lawsuits over the failed contract between IBM and the state to modernize Indiana’s welfare system.

The list of transfers for the week ending April 11 is available on the court’s website.