Judges rule in favor of insured
The Indiana Court of Appeals found under the plain language of a woman’s insurance policy, the woman did what was required of her by the policy to pursue an underinsured motorist claim.
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The Indiana Court of Appeals found under the plain language of a woman’s insurance policy, the woman did what was required of her by the policy to pursue an underinsured motorist claim.
The Indiana Supreme Court sided with the federal courts that have concluded courts may consider one’s Social Security income when determining how much a person may pay in restitution.
Julie Brill, one of the four current commissioners of the Federal Trade Commission, will speak on “The FTC and Its Commitment to Consumer Privacy” Wednesday at Indiana University Maurer School of Law.
The Indiana Court of Appeals has ordered the lower court to take another look at the division of a husband’s pension, finding the court used the wrong number in its decision.
The Indiana Court of Appeals has upheld the modification of a custody order giving the father primary custody of his son, finding the trial court didn’t abuse its discretion in deciding that the boy’s physical and mental/academic maturation constituted a substantial change warranting the change in custody.
7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.
Indiana Court of Appeals
Charles L. Eckard v. State of Indiana (NFP)
57A03-1108-CR-382
Criminal. Affirms sentence for Class C felony battery.
Juan Emerson v. State of Indiana (NFP)
49A05-1102-PC-95
Post conviction. Affirms denial of petition for post-conviction relief.
Kelly Scott Thomas v. State of Indiana (NFP)
20A05-1111-PC-651
Post conviction. Affirms denial of motion to withdraw petition for post-conviction relief and denial of that petition.
T.N.S. v. State of Indiana (NFP)
46A03-1105-JV-263
Juvenile. Affirms adjudication as a delinquent for committing what would be sexual battery if committed by an adult.
Mark Wiley v. Midwest Poultry Services, LP (NFP)
93A02-1107-EX-593
Agency appeal. The full board of the Worker’s Compensation Board of Indiana erred in denying Wiley’s claim for the reimbursement of costs associated with his wheelchair because the undisputed evidence reveals his impairment is reduced by having a working motorized wheelchair and the parties’ agreement did not waive this claim. Further, based on a plain reading of the agreement, the board did not err in awarding Wiley reimbursement for the cost of repairing the chair lift added to his pick-up truck. Remands to the full board to enter an amended order consistent with this opinion.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Supreme Court
Jimmie E. Jones, Jr. v. State of Indiana
29S02-1108-CR-511
Criminal. Adopts Court of Appeals opinion in full, which affirmed the refusal by the trial court to give Jones’ tendered instructions on reckless homicide and involuntary manslaughter as lesser-included offenses to the murder charge. The evidence didn’t support a reckless homicide instruction and the charging information for the murder count foreclosed an involuntary manslaughter instruction.
The Indiana Supreme Court has adopted the full opinion of the Indiana Court of Appeals, which upheld the decision by a trial court not to give a defendant’s tendered instructions on lesser-included offenses of murder.
The Indiana Supreme Court accepted transfer to five cases last week, including a challenge to the school voucher program.
Gov. Mitch Daniels signed legislation last week that gives Johnson Superior Court a fourth judge and Allen Circuit Court another full-time magistrate, and an enrolled act that makes changes to the Department of Child Services.
Gov. Mitch Daniels has appointed Sen. Connie Lawson, R-Danville, as Indiana secretary of state. She fills the vacancy left by Charlie White, who was recently convicted of several felonies, making him ineligible to hold office.
The Indiana Supreme Court has held that companies purchasing online promotional materials from outside the state must pay a use tax when those materials are distributed within Indiana.
The Indiana Supreme Court has clarified that a defendant who claims forum-shopping has happened in a criminal case does not need to establish prejudice in order to prevail on appeal.
A divided Indiana Court of Appeals has ruled the New Albany Police Department had the right to discipline an officer whose racially charged comments made to fellow officers were leaked to the press and made public.
Indiana Supreme Court Chief Justice Randall T. Shepard has approved a 2.2 percent pay increase for judges and prosecutors that will take effect July 1, following the governor’s similar action for executive employees at the start of the year.
Indiana Tax Court had posted no opinions by IL deadline.
Indiana Court of Appeals
In the Matter of the Term. of the Parent-Child Rel. and Adoption of J.P.; M.P. and Z.P.; D.P. and G.P. v. Indiana Dept. of Child Services and J.H. and T.H. (NFP)
71A03-1106-JT-248
Juvenile. Affirms probate court’s denial of paternal grandparents’ petition to adopt J.P. Dismisses without prejudice the court’s decision regarding the foster parents’ adoption petition, because it was neither a final judgment nor an appealable interlocutory order.
Lesnick Jones v. State of Indiana (NFP)
49A02-1105-CR-415
Criminal. Affirms convictions of Class A felony rape, six counts Class A felony deviate conduct, Class B felony burglary, Class B felony robbery, Class B felony criminal confinement and associated charges.
Rickey Robey v. State of Indiana (NFP)
49A04-1107-CR-433
Criminal. Affirms trial court’s denial of motion to correct erroneous sentence, holding that the motion was not the appropriate vehicle for Robey to use.
Dominee M. Florence v. Review Board of the Indiana Dept. of Workforce Development and Kindred Nursing Centers LTD PTR (NFP)
93A02-1109-EX-867
Civil. Dismisses appeal, due to Florence’s numerous and substantial violations of the Indiana Rules of Appellate Procedure.
Paul J. Kinnaman v. State of Indiana (NFP)
24A01-1105-CR-229
Criminal. Affirms convictions of Class A felony dealing in methamphetamine and Class A misdemeanor possession of paraphernalia.
R.F. and I.A. v. Indiana Department of Child Services (NFP)
41A05-1107-JT-376
Juvenile. Affirms termination of parental rights for mother and father.
Andre Gonzalez v. State of Indiana (NFP)
45A03-1108-CR-369
Criminal. Reverses denial of Gonzalez’ petition to remove his sex offender designation, holding that at the time he was sentenced, Indiana law did not require lifetime registration. Remands for removal of his registration.
Rebecca A. Thieling v. State of Indiana (NFP)
45A03-1108-CR-344
Criminal. Affirms convictions of Class C felony forgery and Class D felony auto theft.
Terrell Ewell v. State of Indiana (NFP)
49A04-1107-CR-401
Criminal. Dismisses case for lack of subject matter jurisdiction, concluding Ewell did not timely file his notice of appeal.
Todd Richmond v. Erin Mager (Richmond) (NFP)
64A05-1108-DR-455
Domestic relation. Affirms denial of father’s petition for change of custody and grant of mother’s petition for modification of father’s parenting time.
B.O. v. State of Indiana (NFP)
89A01-1111-JV-503
Juvenile. Affirms J.O.’s placement with the Department of Correction.
Kimberly L. Zapalac v. State of Indiana (NFP)
48A02-1107-CR-762
Criminal. Dismisses appeal for lack of jurisdiction, as Zapalac committed several crimes and made two plea agreements 12 years ago, before absconding.
Jeffrey S. Pryor v. State of Indiana (NFP)
29A02-1108-CR-740
Criminal. Affirms conviction of Class C misdemeanor operating while intoxicated.
In Re: The Adoption of T.L.; M.J. v. D.F. and K.F. and Indiana Dept. of Child Services (NFP)
49A04-1108-AD-477
Adoption. Affirms trial court’s dismissal of M.J.’s petition to adopt his half-sister.
Olde York Potato Chips, Inc., ONAP, Inc., and Peter Margie v. Shenolikar Dwarka and Dwarka & Sons, Inc. (NFP)
02A05-1107-PL-375
Civil plenary. Dismisses Olde York’s appeal, holding it does not appear to be an interlocutory appeal that may be brought as of right and would be the subject of an interlocutory appeal only on certification by the trial court and acceptance by appeals court, and that there is no such certification or acceptance in the case.
Dathan Alexander v. State of Indiana (NFP)
49A02-1105-CR-465
Criminal. Affirms conviction of Class A misdemeanor possession of marijuana.
7th Circuit Court of Appeals
Harry Foster III and Linda Foster v. State Farm Fire and Casualty Company
11-3100
United States District Court, Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springman.
Civil. Affirms District Court’s grant of summary judgment in favor of State Farm Fire and Casualty Company, holding the Fosters’ failure to produce requested documents was a material breach of their insurance agreement.
The Indiana Court of Appeals has ruled that a man has incorrectly interpreted the Fourth Amendment in his appeal and that no constitutional violation occurred when he allowed a police officer to search his car.
Determining that an insurance company was obligated to defend and indemnify a Warsaw service station for contamination cleanup, the Indiana Court of Appeals has reversed a Kosciusko Superior Court decision finding otherwise.
The Indiana Court of Appeals has determined a Johnson Superior judge should not have set aside a Wisconsin court’s default judgment involving the sale and delivery of a boat between parties in the two states.