« Environment - "Tully: At the Statehouse, protection for polluters" via "right to farm" | Main | Ind. Gov't. - More on "Jasper biomass lawsuit pricetag exceeds $500,000 (so far)" »

Tuesday, January 28, 2014

Ind. Decisions - Court of Appeals issues 5 today (and 9 NFP)

For publication opinions today (5):

In Allen County Public Library v. Shambaugh & Son, L.P., Hamilton Hunter Builders, Inc., W.A. Sheets & Sons, Inc., and MSKTD & Associates, Inc. , an 8-page opinion on rehearing, Judge Barnes concludes:

Here, the Library specifically procured a “builder’s risk” policy to cover only the renovation and addition project, i.e. “the Work.” It did not rely upon a pre-existing general property insurance policy that applied to both “Work” and “non-Work” property, unlike the property owners in the “majority view” cases cited by the Defendants. There is no evidence in this case of any other insurance available to the Library that would cover pollution remediation costs of land outside “the Work” of the library building renovation and addition. As such, even under the holding of the “majority view” cases, most notably Sigma Pi, Section 11.3.7 of the AIA contract did not bar the Library from seeking to recover uninsured losses from the Defendants for damage caused to “non-Work” property by the Defendants. With the above observations, we reaffirm our original opinion in all respects.
In Tammy Lou Kelly v. State of Indiana, a 21-page opinion, Judge Robb writes:
Tammy Lou Kelley appeals her convictions, following a bench trial, for criminal confinement, a Class C felony; three counts of battery resulting in bodily injury, Class D felonies; and resisting law enforcement, a Class A misdemeanor. Kelley presents several issues on appeal, one of which we find dispositive: whether the trial court’s verdict finding Kelley guilty but mentally ill was contrary to law. Concluding that the trial court’s verdict was contrary to law we reverse and remand. * * *

Concluding that the trial court erred in contravening the unanimous determination of the psychiatrists that Kelley was insane at the time of the incident, we reverse and remand with instructions for the trial court to enter a finding of not guilty by reason of insanity.

In Wayne Campbell v. State of Indiana, a 13-page opinion with a pro se appellant, Judge Barnes concludes:
Campbell failed to establish that he received ineffective assistance of trial counsel with respect to either the manner in which voir dire was conducted or in the failure to object to the supplemental jury instruction defining “intentionally.” We affirm the denial of Campbell’s PCR petition.
In Audie Wilson v. State of Indiana, an 11-page opinion on rehearing, Judge Bailey concludes:
The trial court did not abuse its discretion when it permitted the State to cross-examine Wilson regarding his use of other nicknames. Additionally, there was no fundamental error in giving Final Instruction 23.
In Jeremy Schath v. State of Indiana , a 5-page opinion, Judge Bradford writes:
During the evening hours of November 17, 2012, Appellant-Defendant Jeremy Schath was raccoon hunting, with permission, on property located along the south side of County Road 640 in Decatur County. At some point, Schath’s hunting dog crossed onto property on which Schath knew he did not have permission to hunt. When Schath became aware that his dog had entered the other property, he entered the property, unarmed, for the purpose of retrieving his dog.

On March 12, 2013, Appellee-Plaintiff State of Indiana charged Schath with Class C misdemeanor hunting upon private property without the consent of the landowner. The trial court conducted a bench trial on July 29, 2013, during which the State amended the charging information to include the allegation that Schath chased wildlife, i.e., a raccoon, on privately owned property without the consent of the landowner. At the conclusion of the bench trial, the trial court found Schath guilty of the amended charge. On appeal, Schath contends that the evidence is insufficient to sustain his conviction. Concluding that the evidence supports only the inference that Schath went on to the property in question to retrieve his dog, not to “chase” a raccoon, we reverse.

NFP civil opinions today (3):

Thomas A. Christopher v. Mike Raisor Imports (NFP)

In the Matter of the Involunatary Termination of the Parent-Child Relationship of K.B., Minor Child, and Her Mother, M.B., M.B. v. Indiana Department of Child Services (NFP)

Eleanor L. Mitchell v. RIH Acquisitions IN, LLC, d/b/a Resorts East Chicago (NFP)

NFP criminal opinions today (6):

Michael Johnson v. State of Indiana (NFP)

Jesse Imel v. State of Indiana (NFP)

John Collins v. State of Indiana (NFP)

Raul Fuentes v. State of Indiana (NFP)

Charles A. DePree v. State of Indiana (NFP)

Reginal Exson v. State of Indiana (NFP)

Posted by Marcia Oddi on January 28, 2014 02:35 PM
Posted to Ind. App.Ct. Decisions