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Opinions May 14, 2015

Indiana Supreme Court
The Board of Commissioners of the County of Jefferson v. Teton Corporation, Innovative Roofing Solutions, Inc., Gutapfel Roofing, Inc., and Daniel L. Gutapfel
72S04-1410-CT-642
Civil tort. Affirms summary judgment in favor of the contractors on the county’s subrogation claim to recover damages caused to the courthouse outside the scope of the renovation work. The plain meaning of the contract defines the scope of the AIA contract waiver based on the extent and source of coverage, not the nature of the property damaged. Agrees with the majority of jurisdictions that have applied this plain meaning to bar recovery for all damages covered by the same property insurance policy used to cover construction-related damages – commonly referred to as the “any insurance” approach. Because contractors have shown that the property owner’s insurance covered all damages, the subrogation waiver applies to bar the property owner’s claim.

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AG’s office creates victim services division

The Office of the Indiana Attorney General has created the Victim Services and Outreach Division to focus resources on victims of human trafficking, domestic violence, sexual assault, and other vulnerable victims, the office announced Thursday.

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Justices adopt ‘any insurance’ approach in subrogation dispute

Deciding an issue of first impression stemming from a fire that heavily damaged the Jefferson County courthouse in 2009, the Indiana Supreme Court on Wednesday decided Indiana should follow the “any insurance” approach in deciding when property owners waive subrogation rights in certain cases. In doing so, the justices rejected the “work versus non-work” approach that the Court of Appeals has used.

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COA vacancy interviews delayed to June

The Indiana Judicial Nominating Commission will not be interviewing the eight applicants for a Court of Appeals vacancy next week, as originally announced. The interviews will now take place sometime in June.

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Senate under pressure after House votes to end NSA program

After the House of Representatives' lopsided bipartisan vote to end the National Security Agency's bulk collection of Americans' phone records, the Senate is under considerable pressure to pass a similar measure. If it doesn't, lawmakers risk letting the authority to collect the records expire June 1, along with other important counterterrorism provisions.

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Tribe chairman says new Indiana law violates US law

The chairman for the Pokagon Band of Potawatomi Indians who are seeking to build a casino in South Bend said Wednesday a new law approved by the General Assembly prevents Gov. Mike Pence from negotiating in good faith with the tribe on a compact, voiding the need for such an agreement.

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Opinions May 13, 2015 ILD

Indiana Court of Appeals
Richard A. Gill v. State of Indiana (mem. dec.)
79A02-1408-CR-594
Criminal. Affirms convictions of three counts of Class A felony child molesting, five counts of Class C felony child molesting and one count each of Class B felony sexual misconduct with a minor and Class C felony sexual misconduct with a minor.

Darin Jackson v. State of Indiana (mem. dec.)
49A02-1404-CR-230
Criminal. Affirms conviction of Class B felony conspiracy to commit criminal confinement.

Valene Miller v. State of Indiana (mem. dec.)
49A04-1410-CR-479
Criminal. Affirms conviction of Class A misdemeanor possession of marijuana.

John R. Royer v. Laurie Royer (mem. dec.)
79A02-1408-DR-615
Domestic relation. Affirms dissolution court’s orders finding father in contempt of court and modifying his child support obligation.

Paul A. Moore v. State of Indiana (mem. dec.)
49A02-1407-PC-475
Post conviction. Affirms denial of petition for post-conviction relief.

Kevin S. Wang v. State of Indiana (mem. dec.)
40A05-1409-CR-442
Criminal. Affirms convictions of Class B felony dealing in methamphetamine, two counts of Class D felonies possession of chemical reagents or precursors with intent to manufacture controlled substances, and Class D felony maintaining a common nuisance.

City of Lawrenceburg, Indiana Board of Public Works & Safety v. Douglas Taylor (mem. dec.)
15A01-1410-PL-463
Civil plenary. Dismisses the board’s appeal of the trial court’s dismissal of Taylor’s amended complaint without prejudice.

William P. Guffey v. State of Indiana (mem. dec.)
70A01-1409-CR-410
Criminal. Affirms sentence for Class B felony aggravated battery, Class D felony battery resulting in bodily injury to a law enforcement officer and Class B misdemeanor disorderly conduct.

State of Indiana v. M.P. (mem. dec.)
49A02-1411-JV-777
Juvenile. Affirms exclusion of a witness essential to the state’s case after the witness failed to appear at two scheduled depositions.

Nicholous L. Finton v. State of Indiana (mem. dec.)
35A02-1412-CR-840
Criminal. Affirms sentence for Class D felony domestic battery.

In the Matter of the Adoption of L.M.Q., C.Q. v. J.G. and M.G. (mem. dec.)
82A01-1409-AD-391
Adoption. Affirms adoption of L.Q. by J.G. and M.G.

Donald Ray Steger v. State of Indiana (mem. dec.)
48A02-1409-CR-685
Criminal. Affirms revocation of probation and imposition of a 12- month sentence. Remands with instructions to correct the clerical errors in the written orders by removing the alleged violations of failure to abstain from the use of illicit drugs and failure to maintain and/or verify employment.

Robert R. Setree, II, and Beverly L. Setree v. River City Bank (mem. dec.)
10A04-1409-MF-450
Mortgage foreclosure. Affirms summary judgment order granting the bank the right to foreclose on the property.
 

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Opinions May 13, 2015

Indiana Supreme Court
Daniel Lee Pierce v. State of Indiana
78S05-1407-CR-460
Criminal. Affirms Pierce’s convictions for molesting his three young granddaughters. Finds his abuse of the girls in his care was sufficiently connected, so he is not entitled to new and separate trials. Remands for the purpose of resentencing on one count of Class A felony child molesting because the trial court erred by suspending six years of Pierce’s 30-year sentence for that count. Justices Robert Rucker and Brent Dickson concur in a separate opinion.

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Teen’s rights not violated by search of sweatshirt

A Marion County teen’s constitutional rights were not violated when a police officer responding to a report of a teen in a black hooded sweatshirt with a gun opened a similar sweatshirt next to the teen and found a gun, the Indiana Court of Appeals held Wednesday.

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Man not entitled to separate molestation trials, justices hold

The Indiana Supreme Court on Tuesday rejected a man’s argument that he was entitled to three separate trials on the allegations he molested his three granddaughters. In doing so, two justices said they believe the Supreme Court needs to give more guidance on motions to sever.

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Legal network to confer in Indianapolis

About 40 attorneys from midsized, general practice law firms around the country and a handful of global lawyers will gather for the Legal Netlink Alliance spring convention beginning Thursday in Indianapolis.

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