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| Dep't of Local Gov't Fin. v. Roller Skating Rink Operators Ass'n, No. 49S10-0609-TA-336,
SUPREME COURT OF INDIANA, September 22, 2006, Decided , September 22, 2006, Filed
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Overview: A non-profit corporation that provided classes to roller skating rink operators and owners offered education that primarily served the private interests of its members. It was not entitled to an educational purpose exemption for its buildings under Ind. Code § 6-1.1-10-16, as the education it provided did not meet the "public benefit" test.
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| Planned Parenthood v. Carter, No. 49A02-0505-CV-469,
COURT OF APPEALS OF INDIANA, September 22, 2006, Decided , September 22, 2006, Filed
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Overview: A trial court erred by denying a preliminary injunction to Planned Parenthood of Indiana (PPI) against the Indiana Medicaid Fraud Control Unit to prevent unlimited access to investigate neglect since PPI's minor patients had a right of privacy. The trial court was required to apply a flexible balancing test and discern less intrusive means.
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| Carr v. Pearman, No. 45A03-0507-CV-323,
COURT OF APPEALS OF INDIANA, September 25, 2006, Decided
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Overview: Judgment of the trial court finding that appellant attorney was entitled to a portion of the attorney fee recovered was affirmed because appellant was a third-party beneficiary to the contingency fee arrangement. Appellee attorney's motion to dismiss and for judgment on the evidence were properly denied.
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| In re Moerlein, Case No. 71S00-0605-DI-160,
SUPREME COURT OF INDIANA, September 25, 2006, Decided , September 25, 2006, Filed
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Overview: Because an attorney's response to an order to show cause was untimely and he did not show why he failed to respond to the Indiana Supreme Court Disciplinary Commission's demands for a response to a grievance filed against him, the attorney was immediately suspended pursuant to Ind. R. Admis. Bar & Disc. Att'ys 23(10)(f)(5).
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| Smith v. Johnston, No. 49A02-0503-CV-206,
COURT OF APPEALS OF INDIANA, September 25, 2006, Decided
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Overview: It was not error for the trial court to admit an exhibit showing the medical expenses incurred by the patient after the doctor had committed negligence because some of the expenses were related to the executor's theories of recovery for bodily injury under Ind. Code § 34-9-3-4 or wrongful death under Ind. Code § 34-23-1-1.
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| Baird v. State, No. 62A04-0512-CR-720,
COURT OF APPEALS OF INDIANA, September 26, 2006, Decided
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Overview: Defendant's convictions for charges related to the possession and manufacture of methamphetamine were affirmed, in part, because defendant's rights under the Fourth Amendment and Ind. Const. art. I, § 11 were not violated when the officers came on the property to investigate a fire and then obtained consents to search further.
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| Beatty v. State, No. 49A02-0603-CR-163,
COURT OF APPEALS OF INDIANA, September 26, 2006, Decided
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Overview: Trial court's decision to allow defendant to file a belated appeal to a 1982 manslaughter conviction was reversed because defendant could not explain a reason for the six-year delay between the time that defendant learned an appeal had not been filed and his decision to pursue postconviction relief.
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| Gibson-Lewis, LLC v. Teachers Credit Union, No. 71A03-0602-CV-65,
COURT OF APPEALS OF INDIANA, September 26, 2006, Decided
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Overview: Trial court's ruling that a company employed by a sub-subcontractor could assert a claim on funds that the owner owed to the contractor, pursuant to the personal liability statute, Ind. Code § 32-28-3-9, was affirmed because the statute was not intended to limit recovery for unpaid work on a project solely to subcontractors.
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| Glotzbach v. Froman, No. 45S03-0511-CV-579,
SUPREME COURT OF INDIANA, September 26, 2006, Decided , September 26, 2006, Filed
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Overview: As an employee's fatal injuries were covered by the Indiana Worker's Compensation Act, the trial court erred by not dismissing his estate's claim for spoliation of evidence related to the accident against a corporation that had borrowed the employee to help clean a holding tank which subsequently exploded.
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| Hunter v. State, No. 52S02-0604-CR-153,
SUPREME COURT OF INDIANA, September 26, 2006, Decided , September 26, 2006, Filed
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Overview: Where no premeditated plan of escape existed, defendant's escape did not endanger life or property, he turned himself in two months later, and his presumptive escape sentence was doubled based on unrelated and relatively insignificant prior convictions, reduction in escape sentence to four years was warranted pursuant to Ind. R. App. P. 7(B).
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