7th Circuit Court of Appeals
Prime
Eagle Group Ltd., as assignee of the claims of Nakornthai Strip Mill Public Co. Ltd. v. Steel Dynamics Inc.
09-1663
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge James T. Moody.
Civil. Affirms judgment for Steel Dynamics in Prime Eagle’s suit that Steel Dynamics must pay damages in tort for withdrawing
from a steel mill venture in Asia. Nakornthai’s injury began no later than July 1999 and the company had knowledge of
the injury then, so its suit is beyond the statute of limitations.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
David
A. Calvert v. State of Indiana
40A05-0911-CR-659
Criminal. Reverses conviction of Class B felony attempted robbery with a deadly weapon because the state failed to prove
a substantial step. Calvert’s conviction of possession of a sawed-off shotgun as a Class D felony violates double jeopardy.
Affirms convictions of Class B felony possession of a firearm as a serious violent felon. Affirms sentence and remands with
instructions. Judge Kirsch dissents in part.
E.W.
Revocable Trust
29A02-0910-CV-1004
Civil. Affirms order that the trustee pay the beneficiaries’ attorney fees, the reduction of the requested trustee
fees, and the reduction of the amount of trustee’s attorney fees to be borne by the trust. The trustee breached duties
owed to the objecting beneficiaries. Reverses order that the trustee bear the remaining portion of his attorney fees personally.
Cornelius
Tyrone Lacey, Sr. v. State of Indiana
02A05-0910-CR-562
Criminal. Reverses denial of motion to suppress evidence obtained during the execution of a search warrant. There was probable
cause for the issuance of the search warrant but the unilateral decision to dispense with the knock-and-announce rule was
unreasonable under the Indiana Constitution. Judge Barnes concurs in result.
Damion
Wilkins v. State of Indiana
02A03-0910-CR-451
Criminal. Reverses denial of motion to suppress evidence obtained during the execution of a search warrant. There was probable
cause for the issuance of the search warrant but the unilateral decision to dispense with the knock-and-announce rule was
unreasonable under the Indiana Constitution. Judge Barnes concurs in result.
Bradford
Drake v. State of Indiana (NFP)
55A01-0912-CR-577
Criminal. Affirms sentence for two convictions of attempted murder as Class A felonies.
Term.
of Parent-Child Rel. of M.D.; M.C. v. I.D.C.S. (NFP)
34A02-1001-JT-156
Juvenile. Affirms termination of parental rights.
Dionte-Daymone
Jones v. State of Indiana (NFP)
45A05-1001-CR-4
Criminal. Affirms sentence following guilty plea to Class D felony auto theft.
Daniel
Brownlee v. State of Indiana (NFP)
49A02-0912-CR-1259
Criminal. Affirms conviction of Class C felony burglary and Class D felony attempted theft.
James
Eiteljorg, et al. v. Ralph E. Lean (NFP)
49A05-0912-CV-679
Civil. Reverses denial of Eiteljorg and Bharti’s motion for summary judgment in an action brought by Lean seeking contribution
from them for violations of the Indiana Securities Law. Remands with instructions.
Daniel
J. Emery v. State of Indiana (NFP)
52A04-0910-PC-583
Post conviction. Affirms denial of petition for post-conviction relief.
Associated
Builders & Contractors Indiana Chapter, Inc., et al. v. Lori A. Torres (NFP)
49A02-0910-CV-995
Civil. Grants rehearing but affirms original opinion in all respects regarding the dismissal of the builders’ complaint
for lack of standing.
Robert
Emerson v. State of Indiana (NFP)
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=07271002ebb.pdf
71A03-1001-CR-26
Criminal. Affirms conviction of Class C felony battery.
Indiana Tax Court had posted no opinions at IL deadline.
