Opinions March 18, 2013 ILD
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
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Opinions March 18, 2013
Indiana Court of Appeals
Carmeuse Lime & Stone and Carmeuse Lime, Inc. v. Illini State Trucking, Inc.
45A03-1211-CC-462
Civil collection. Affirms the trial court order dismissing Carmeuse Lime & Stone’s and Carmeuse Lime Inc.’s complaint in favor of Illini State Trucking, Inc. regarding indemnification. Illini did not waive its ability to raise the forum selection clause with the court.
COA affirms Pennsylvania proper forum for complaint
The Indiana Court of Appeals ruled Monday that a producer of limestone and other products must file its complaint for indemnification in Pennsylvania based on its contract with a trucking company, and not Lake County, Ind.
Reagan administration counsel to participate in symposium at McKinney
A former Reagan administration official will join the group of academic, government and business leaders making presentations next month at Indiana University Robert H. McKinney School of Law’s symposium on the Law and Financial Crisis.
Judge says bank can pursue suit against broker
The Peoples State Bank of Ellettsville can move forward with its lawsuit against broker Stifel Nicolaus & Co., which the bank claims duped it into investing $13 million in auction-rate securities just before those markets froze up.
Opinions March 15, 2013 ILD
Indiana Court of Appeals
NIPSCO Industrial Group v. Northern Indiana Public Service Company, Indiana Office of Utility Consumer Counselor (NFP)
93A02-1205-EX-436
Agency action. Affirms denial of NIPSCO’s petition for reconsideration regarding the Indiana Office of Utility Consumer Counselor’s final order that set the allocation method for NIPSCO’s Environmental Cost Recovery Mechanism and Environmental Expense Recovery Mechanism factors for a Qualified Pollution Control Property under construction.
Joshua Gaunt v. State of Indiana (NFP)
02A03-1204-CR-195
Criminal. Affirms four-year sentence for Class C felony corrupt business influence.
D.P. v. M.Y. (NFP)
71A03-1209-JP-384
Juvenile. Affirms order denying father’s petition to modify custody.
Term. of the Parent-Child Rel. of: D.C., M.H., A.J., D.J., & J.J. (Minor Children), and M.H. (Mother) v. The Indiana Dept. of Child Services (NFP)
79A05-1207-JT-342
Juvenile. Affirms involuntary termination of parental rights.
MJB Lawn Care v. Tower Cleaning Systems, Inc. (NFP)
64A04-1207-CT-341
Civil tort. Reverses summary judgment in favor of Tower Cleaning Systems on its request for indemnification pursuant to its contract with MJB Lawn Care.
Mahoganee K. Edmond v. State of Indiana (NFP)
45A03-1206-CR-281
Criminal. Affirms convictions of Class B felony aggravated battery, Class C felony battery with a deadly weapon and Class A misdemeanor criminal recklessness.
Kentuckiana Trench Shoring, LLC v. National Water Service, LLC (NFP)
59A05-1206-PL-315
Civil plenary. Reverses judgment in favor of National Water Service for breach of contract.
Kimberly R. Goff (Miller) v. Larry Goff (NFP)
49A04-1205-DR-277
Domestic relation. Affirms order regarding the amount Kimberly Goff Miller was due from her ex-husband as part of their 1997 divorce order.
Samuel G. Dykstra and Michelle L. Bahus v. The City of Hammond (NFP)
45A03-1206-PL-287
Civil plenary. Affirms summary judgment in favor of the city of Hammond regarding ordinances regulating firearms.
Tyrone Frazier v. State of Indiana (NFP)
49A02-1201-PC-11
Post conviction. Affirms denial of successive petition for post-conviction relief.
Christopher Whirl v. State of Indiana (NFP)
79A02-1206-CR-516
Criminal. Affirms in part and reverses in part the three robbery convictions and remands with instructions to vacate two of them and resentence Whirl on one count of robbery. Also orders the trial court to enter judgments of conviction and sentences on Class B criminal confinement felonies.
State of Indiana v. Mark M. Hairston (NFP)
02A04-1209-PC-476
Post conviction. Reverses vacation of habitual offender finding.
Term. of the Parent-Child Rel. of J.B., Minor Child, and Her Mother, A.B.: A.B. v. Indiana Dept. of Child Services (NFP)
79A02-1209-JT-764
Juvenile. Affirms termination of parental rights.
The Indiana Supreme Court and Tax Court issued no opinions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions by IL deadline.
Opinions March 15, 2013
Indiana Court of Appeals
Charles Meriwether v. State of Indiana
49A02-1208-CR-676
Criminal. Affirms convictions of Class A misdemeanor possession of marijuana and Class D felony possession of paraphernalia. The trial court did not commit fundamental error when it admitted Meriwether’s statement into evidence because he was not in custody when he made it.
Evidence shows stabbing by inmate wasn’t in self defense
A Bartholomew County jail inmate had his conviction and sentence for Class B felony aggravated battery upheld Friday by the Indiana Court of Appeals. The judges ruled the evidence disputes his claim that a fight he got into with a fellow inmate was in self defense.
Judges affirm reduction of subrogation lien
The Indiana Court of Appeals rejected State Farm Insurance Company’s argument that its subrogation lien regarding one couple’s policy shouldn’t be reduced based on State Farm’s refusal in a policy held by another family to pay the full amount of the couple’s claim following a car accident.
Man’s statement on drug allowed at trial
The Indiana Court of Appeals held Friday that a trial court did not commit fundamental error in admitting Charles Meriwether’s statement to police that he had marijuana in his car.
Wabash College sophomore will design art project honoring Shepard
A child’s handprint designed by Wabash College sophomore John Vosel has been chosen as the monument to honor former Chief Justice Randall T. Shepard in a new Evansville park.
Interviews Monday for St. Joseph judicial opening
The St. Joseph Superior Court Judicial Nominating Commission meets Monday to conduct interviews of applicants to fill a vacancy on the court due to Judge Michael P. Scopelitis’ retirement.
Opinions March 14, 2013 ILD
Indiana Court of Appeals
Sherri A. Cornejo v. Review Board of the Indiana Department of Workforce Development and Houchens Food Group, Inc. (NFP)
93A02-1210-EX-786
Agency action. Affirms determination Cornejo is ineligible for unemployment insurance benefits.
Citizens Financial Bank v. Richard Cooper and Peggy Cooper (NFP)
45A04-1208-PL-411
Civil plenary. Affirms grant of motion for garnishment order filed by Richard and Peggy Cooper.
Richard Lindsey v. City of Clinton, Indiana (NFP)
83A05-1206-MI-317
Miscellaneous. Affirms decision of the Police Department Merit Board for the city of Clinton to terminate Lindsey’s employment as a police officer.
John F. Minter-Bey III v. State of Indiana (NFP)
49A05-1205-PC-269
Criminal. Affirms denial of petition for post-conviction relief.
Heath Lord v. Ashley Lord (NFP)
32A04-1208-PO-422
Protective order. Reverses denial of Heath Lord’s motion to correct error, which challenged the issuance of a protective order against him.
Bennie Chamberlain v. State of Indiana (NFP)
79A02-1208-CR-670
Criminal. Affirms sentence for Class C felonies stalking and criminal confinement, two counts of Class D felony residential entry, Class A misdemeanors battery and invasion of privacy and Chamberlain’s status as a habitual offender.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions March 14, 2013
Indiana Court of Appeals
Michael Bowser v. State of Indiana
71A03-1208-CR-361
Criminal. Affirms two convictions of Class C felony battery by means of a deadly weapon. The trial court did not abuse its discretion by denying Bowser’s motion for severance and there is sufficient evidence to sustain the convictions.
DCS centralized hotline undergoes changes in advance of legislation
Prior to the Indiana General Assembly implementing recommendations from an interim study committee, the Indiana Department of Child Services is making changes.
Man must reinstate original complaints for lawsuits to proceed
The Indiana Court of Appeals held Thursday that a man with a propensity to sue over purchases made online may not file a new lawsuit in Marion County after a similar one was dismissed without prejudice.
COA affirms angry ex-boyfriend’s battery convictions
A northern Indiana man, angry that his ex-girlfriend was in a new relationship, had his convictions of battery by means of a deadly weapon upheld by the Indiana Court of Appeals. The convictions stemmed from his ramming of the new boyfriend’s car with his.
Synthetic drug ban, human trafficking bills move out of committee
Senate bills stiffening the state’s synthetic drug ban and strengthening Indiana’s human trafficking laws were approved unanimously by the House of Representatives Committee on Courts and Criminal Code Wednesday.
ACLU of Indiana claims ordinances on door-to-door canvassing violate First Amendment
The ACLU of Indiana announced Thursday it has filed lawsuits against the town of Yorktown and the city of Jeffersonville because their ordinances regulating the activities of door-to-door canvassers violate the right to free expression under the U.S. Constitution.
Gerdt Furniture owners embroiled in $4M court fight
A family dispute involving the owners of Gerdt Furniture & Interiors Inc. has led to a lawsuit accusing them of owing nearly $4 million in unpaid rent and loans.