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Opinions July 14, 2010 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals


Eastern Alliance Insurance Group, Chubb Insurance Group, and Total Interior Systems America, LLC v. Elizabeth Howell

93A02-0912-EX-1287
Civil. Reverses penalties assessed against Eastern Alliance by the Full Worker’s Compensation Board due to a lack of
diligence. The board’s factual findings demonstrate that Eastern Alliance reasonably investigated the claim and communicated
with the parties, and afterwards it reasonably determined that it was not liable for the claim. Vacates penalties assessed
against the company and remands that the board determine and enter an order regarding whether Chubb Insurance should be held
responsible for the entirety of the penalty and attorneys’ fees awarded for its lack of diligence.

Paul
Christy and Julia Christy v. Paul Sebo and Anita Sebo
55A05-1002-CC-131
Civil. Reverses the order denying the Christys’ request for attorney’s fees and costs against the Sebos in the
Christys’ defense of an adverse possession claim and litigation of a breach of warranty claim. Summary judgment was
granted in favor of the Christys and against the Sebos on whether the Sebos breached the warranty of title and the Sebos have
not appealed that ruling. The fact that the Christys and the Clarks ultimately settled their adverse possession dispute is
irrelevant to the question of whether Sebos breached the warranty of title. Remands for further proceedings.

Jeannie
Hall v. Larry Hall Trust and Jack Hall, Trustee (NFP)
64A05-0912-CV-715
Civil. Affirms determination that Jeannie Hall is not entitled to the income from all of the properties in the Larry A. Hall
Trust.

Maurice
J. Tatum v. State of Indiana (NFP)
49A02-0912-CR-1213
Criminal. Affirms order revoking probation.

John
Jacob Campbell v. State of Indiana (NFP)
18A02-0912-CR-1189
Criminal. Reverses order revoking probation and remands with instructions to the trial court to accommodate Campbell’s
indigence consistent with the opinion.

Michael
Furlong v. State of Indiana (NFP)
49A04-0911-CR-658
Criminal. Affirms convictions of Class B felony burglary and Class D felony theft.

Marcus
R. Berry v. State of Indiana (NFP)
02A03-1002-CR-109
Criminal. Affirms revocation of probation.

Johnny
Byers v. State of Indiana (NFP)
71A04-0910-CR-612
Criminal. Affirms conviction of Class A felony attempted murder.

Shalini
Kohli v. Vishal Mahajan (NFP)
29A02-1002-DR-131
Domestic relation. Affirms the decree dissolving marriage.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions July 14, 2010

Indiana Court of Appeals
Eastern Alliance Insurance Group, Chubb Insurance Group, and Total Interior Systems America, LLC v. Elizabeth Howell
93A02-0912-EX-1287
Civil. Reverses penalties assessed against Eastern Alliance by the Full Worker’s Compensation Board due to a lack of diligence. The board’s factual findings demonstrate that Eastern Alliance reasonably investigated the claim and communicated with the parties, and afterwards it reasonably determined that it was not liable for the claim. Vacates penalties assessed against the company and remands that the board determine and enter an order regarding whether Chubb Insurance should be held responsible for the entirety of the penalty and attorneys’ fees awarded for its lack of diligence.

COA: insurer received actual notice from clients

The insurance company that provided legal professional liability coverage for the attorney who abandoned his practice and
went on a crime spree did receive actual notice of the attorney’s clients’ claims against the insurer, the Indiana
Court of Appeals ruled today.

Opinions July 13, 2010 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Michael Akens v. State of Indiana
49A05-0912-CR-687
Criminal. Affirms sentence imposed following guilty plea to child molesting. The trial court’s statement that Akens could appeal his sentence wasn’t made until after the court had accepted the plea agreement and entered Akens’ sentence. The agreement included his express waiver of his right to appeal his sentence.

Randy Allen Long v. State of Indiana (NFP)
79A02-0909-CR-903
Criminal. Affirms convictions of Class D felony possession of marijuana and Class A misdemeanor possession of paraphernalia.

John C. Cole, Jr. v. Patrick V. Baker (NFP)
49A02-0910-CV-960
Civil. Reverses summary judgment for attorney Patrick Baker after he refused to return money Cole paid him as a retainer.

A.E. v. State of Indiana (NFP)
49A04-1001-JV-17
Juvenile. Affirms adjudication for committing what would be Class B and Class C felony child molesting if committed by an adult.

Ronald Wright v. State of Indiana (NFP)
46A03-0912-CR-594
Criminal. Affirms denial of motion to correct erroneous sentence.

Douglas K. Huffnagel v. Christopher F. Cline (NFP)
20A05-0911-CV-662
Civil. Affirms grant of Cline’s motion for a directed verdict in favor of Cline on Huffnagel’s claims for negligence and injuries following an automobile accident.

Timothy Charles Wakefield v. State of Indiana (NFP)
48A04-0911-CR-647
Criminal. Remands case for a sentencing statement that clearly explains its finding of aggravating and mitigating circumstances and its reasons for imposing consecutive sentences following guilty plea to Class D felonies criminal recklessness, maintaining a common nuisance, dealing in marijuana, and possession of a controlled substance.

William D. Baxter v. State of Indiana (NFP)
49A02-0908-PC-724
Post conviction. Reverses denial of petition for post-conviction relief.

Otis A. Tate, Jr. v. State of Indiana (NFP)
71A04-1003-CR-138
Criminal. Affirms conviction of Class C felony forgery.

William Kerr v. State of Indiana (NFP)
49A05-0911-CR-639
Criminal. Affirms conviction of operating a vehicle while intoxicated as a Class A misdemeanor.

D.C.B. Alleged to be C.H.I.N.S.; P.B. and Da.B. v. Marion County DCS and Child Advocates (NFP)
49A02-0912-JV-1204
Juvenile. Affirms finding D.C.B. is a child in need of services.

Term. of Parent-Child Rel. of K.I. and R.I.; K.K. and C.I. v. IDCS (NFP)
20A03-0912-JV-562
Juvenile. Affirms termination of parental rights.

Andy Zulu v. State of Indiana (NFP)
49A02-0911-CR-1113
Criminal. Affirms convictions of and sentences for Class B felonies rape, and criminal deviate conduct.

Donald Johnston, et al. v. Carl W. Johnston, et al. (NFP)
43A03-0912-CV-568
Civil. Affirms the trial court’s judgment and order for distribution of sale proceeds.

James Gilman v. State of Indiana (NFP)
48A05-0908-PC-462
Post conviction. Affirms denial of petition for post-conviction relief and remands with instructions to enter an amended sentencing order.

Kenneth McClung v. State of Indiana (NFP)
49A02-0912-CR-1275
Criminal. Affirms conviction of Class B felony aggravated battery.

V.B. v. Review Board of the Indiana Dept. of Workforce Development and Daimler Chrysler Co. LLC (NFP)
93A02-0911-EX-1140
Civil. Affirms dismissal of V.B.’s appeal of a determination that she was not eligible for benefits.

Lewis Vasquez v. State of Indiana (NFP)
27A02-1002-CR-135
Criminal. Reverses sentence following guilty plea to Class B felonies criminal confinement and burglary while armed with a deadly weapon. Remands for re-sentencing.

John B. Felder v. State of Indiana (NFP)
48A02-0902-CV-156
Civil. Affirms judgment in favor of the state and Department of Correction employees in Felder’s complaint regarding events that allegedly occurred while he was at Pendleton Correctional Facility.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions July 13, 2010

Indiana Court of Appeals
Michael
Akens v. State of Indiana
49A05-0912-CR-687
Criminal. Affirms sentence imposed following guilty plea to child molesting. The trial court’s statement that Akens
could appeal his sentence wasn’t made until after the court had accepted the plea agreement and entered Akens’
sentence. The agreement included his express waiver of his right to appeal his sentence.

Supreme Court orders special judge for third high-profile trial

The Indiana Supreme Court has appointed a southern Indiana judge to preside over the third trial of a former state trooper
charged with murdering his family a decade ago, and one of the initial decisions he’ll consider is whether to move the
trial outside that region.

Indiana joins fight for National Day of Prayer

Indiana has joined the fight to reverse the holding by U.S. District Court in the Western District of Wisconsin that the federal
law providing for a National Day of Prayer violates the Establishment Clause.

Judiciary ready to move on appellate CMS, e-filing

The state judiciary is moving forward with a plan to establish an appellate case management system, which someday could entail
an e-filing system similar to what the federal courts currently have access to.

Opinions July 12, 2010 ILD

The Indiana Supreme Court, Court of Appeals, and Tax Court had posted no opinions at IL
deadline.

Opinions July 12, 2010

The Indiana Supreme Court, Court of Appeals, and Tax Court had posted no opinions at IL deadline.

Court addresses fine line between traffic stop, arrest

The Indiana Court of Appeals has reversed a man’s drunk driving and marijuana possession convictions based on police
officer conduct, finding that the officer shouldn’t have held a gun and handcuffed him during what could have been a
legitimate traffic stop.

Retired judge overturned based on bias shown on bench

The Indiana Supreme Court has ordered a new trial for a convicted child molester because of the conduct from the longtime
trial judge, who resigned from the bench in September amid a judicial misconduct investigation.