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Opinions April 12, 2012

7th Circuit Court of Appeals
United States of America v. Jaymie T. Mount
11-2616
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane E. Magnus-Stinson.
Criminal. Remands for resentencing after the District Court denied the government’s motion for Mount to receive an additional one-level reduction following his guilty plea, citing Mount’s flight from charges. The additional reduction is mandatory once the government determines that the criteria spelled out in U.S.S.G. Section 3E1.1(b) are satisfied and it makes the necessary motion.

Medical malpractice judgment upheld by appellate court

The Indiana Court of Appeals has affirmed the $1.25 million judgment against a gastroenterologist after a patient brought a medical malpractice claim for a missed cancer diagnosis. The judges found the trial court didn’t abuse its discretion in excluding certain evidence.

Judges affirm 90-year sentence for child molester

The Indiana Court of Appeals found that a child molesting victim’s statement to her grandmother – as testified by the grandmother at trial – should not have been admitted. But, that hearsay reference did not deprive the defendant of a fair trial.

5 political candidates file lawsuit

Three judicial candidates in Marion County and two candidates for the Indiana House are suing the county Board of Voter Registration and Election Board, alleging they were denied access to public information.

Opinions April 11, 2012 ILD

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

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

Indiana Court of Appeals
Marcus Washington v. State of Indiana (NFP)
49A02-1105-CR-429
Criminal. Affirms convictions of murder, and Class A misdemeanor carrying a handgun without a license.

Foster Mowrey v. State of Indiana (NFP)
02A03-1108-CR-406
Criminal. Affirms sentence following guilty plea to Class D felony battery and Class A misdemeanor possession of marijuana.

Jim A. Edsall v. State of Indiana (NFP)
57A03-1110-CR-462
Criminal. Reverses order denying permission to file a belated notice of appeal.

Larry D. Madden v. State of Indiana (NFP)
73A01-1105-CR-230
Criminal. Affirms conviction of Class D felony theft.

Patrick Dewayne Carr, Jr. v. State of Indiana (NFP)
71A05-1105-CR-261
Criminal. Affirms convictions of Class B felony robbery, Class B felony burglary and Class A felony attempted murder.

David Butler v. State of Indiana (NFP)
34A05-1109-CR-477
Criminal. Affirms sentence following guilty plea to Class B felony possession of cocaine.

Gloria Hussey, Personal Representative of the Estate of Steven Hussey v. William H. Toedebusch, M.D. (NFP)
89A01-1108-PL-345
Civil plenary. Reverses dismissal of Hussey’s complaint against Dr. Toedebusch and remands with instructions to reinstate the complaint.
 

Opinions April 11, 2012

Indiana Court of Appeals
Anthony Wade v. Terex-Telelect, Inc.
29A05-1101-CT-72
Civil tort. Reverses jury verdict in favor of Terex-Telelect on Wade’s negligence claim under the Indiana Product Liability Act. Wade was prejudiced by the judge instructing the jury as to the rebuttable presumption under Indiana Code 34-20-5-1. Remands for a new trial. Judge Bradford concurs in part and dissents in part.

Trial court erred in instructing jury in negligence case

A divided Indiana Court of Appeals has ordered a new trial in a case alleging a product was negligently designed, with the majority finding the trial court erred when it instructed the jury on the rebuttable presumption under Indiana Code 34-20-5-1.

Evidence doesn’t support enhanced possession charges

Because the state failed to prove that an early training center located near the defendant’s home constituted school property for purposes of enhancing drug charges, the Indiana Court of Appeals ordered the man’s convictions be reduced.

Bankruptcy Court creating mediator panel

The U.S. Bankruptcy Court in the Southern District of Indiana is developing a panel of attorneys who want to serve as mediators pursuant to Local Rule B-9012-2. The panel is intended to make alternative dispute resolution more available for cases where this type of mechanism will be appropriate.

Andy Mohr target of Volvo Trucks lawsuit

When Volvo Group North America LLC sought to sell its semi trucks in the Indianapolis area, the company turned to veteran auto dealer Andy Mohr to help it gain a foothold in the market.

Opinions April 10, 2012 ILD

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

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

Indiana Court of Appeals
Troy Phillips, Jr. v. State of Indiana (NFP)
49A02-1110-PC-989
Post conviction. Affirms denial of petition for post-conviction relief.
 

International students to discuss legal systems of home countries

Indiana University Robert H. McKinney School of Law will hold its inaugural International Student Speakers Series on Thursday, when students and alumni from China, Azerbaijan, Pakistan, Taiwan, Egypt and Germany will talk about law in their home countries.

Opinions April 10, 2012

Indiana Court of Appeals
Salsbery Pork Producers, Inc., Richard K. Wilson, Tipton Co. Commissioners, Tipton Co. Highway Department, Chad Bergin, State of Indiana, Indiana Department of Transportation v. Latina Booth
49A02-1110-CT-983
Civil tort. Reverses trial court’s denial of motion for transfer of venue, holding that the state should have been dropped as a defendant because only Tipton County had control over the road where a crash occurred. Remands for proceedings consistent with its opinion that Tipton County is the preferred venue rather than Marion County.

Lawyer softball league to begin in May

The Chuck Klein Lawyers Softball League will kick off its 2012 season with a mandatory managers meeting at 6:30 p.m. May 3 at Kuntz Soccer Complex, 1502 W. 16th St., Indianapolis.

IBA Frontlines

Read news from around the legal community from the IndyBar!

Chinn: Why The Indiana Supreme Court Matters

The profession and the citizenry have been blessed with a great Supreme Court in Indiana over the past several decades. There are several reasons for that, and several reasons why it matters.