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Opinions Nov. 1, 2012

November 1, 2012
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The following Indiana Supreme Court decision was posted after IL deadline Wednesday:
Stephen W. Robertson, Indiana Comm. of Insurance, as Admin. of Indiana Patient's Compensation Fund and The Indiana Patient's Compensation Fund v. B.O., A Minor, Lisa A. Ort and Kevin C. Ort
49S04-1111-CT-671
Civil tort. Affirms grant of partial summary judgment to B.O. and his parents because Indiana Code 34-18-15-3(5) precludes the Patient Compensation Fund from disputing the existence or cause of B.O.’s claimed injury.

Indiana Court of Appeals
Leslie Bridges v. Veolia Water Indianapolis, LLC, Veolia Water North America Operating Service, LLC, and The City of Indianapolis, Dept. of Waterworks
49A02-1112-CC-1097
Civil collection. Affirms trial court dismissal of Bridges’ class action filed after her water was turned off for nonpayment, finding Bridges failed to exhaust the administrative remedies available at the Indiana Utilities Regulatory Commission. She had to seek those remedies before seeking judicial relief. Concludes that I.C. 8-1-2-68 through -70 grant the IURC exclusive jurisdiction over Bridges’ claim regardless of whether it is treated as a challenge to and request for reimbursement of the reconnect fee or as a challenge to the allegedly improper act of terminating her residential water service in a manner inconsistent with the terms of the tariff.

Joshua Shipley v. State of Indiana (NFP)
07A05-1204-CR-225
Criminal. Affirms sentence for Class B felony criminal confinement with a deadly weapon.

Jeffrey S. Heironimus v. State of Indiana (NFP)
82A01-1204-CR-152
Criminal. Affirms admission of evidence of witness identifications made after a warrantless entry into an accomplice’s residence.

Angela R. Elliott v. State of Indiana (NFP)
13A04-1201-CR-11
Criminal. Affirms convictions of Class A felony dealing in methamphetamine, Class D felony maintaining a common nuisance, and Class A misdemeanors possession of paraphernalia and resisting law enforcement.

Brian S. Fleming v. State of Indiana (NFP)
82A05-1202-CR-100
Criminal. Affirms conviction of Class D felony intimidation.

Stephen L. Reed v. State of Indiana (NFP)
02A03-1205-CR-216
Criminal. Affirms sentence for Class C felony corrupt business influence.

Bryan Jann v. Review Board of the Indiana Dept. of Workforce Development and C&B Custom Modular, Inc. (NFP)
93A02-1112-EX-1185
Agency appeal. Affirms decision by review board that Jann, by failing to appear, had presented no evidence to support claim for unemployment benefits.

Darrius Woods v. State of Indiana (NFP)
20A03-1202-CR-90
Criminal. Affirms conviction of Class A felony dealing in cocaine.

Kenneth Hawkins v. Debra Hawkins (NFP)
49A02-1203-DR-206
Domestic relation. Affirms distribution of assets and declines to award Debra Hawkins attorney fees.

David J. Bogolia and Nikki Schafer v. John Danielson, M.D. (NFP)
64A04-1201-CC-42
Civil collection. Affirms denial of Bogolia’s and Schafer’s motion for partial summary judgment and their motion to strike Dr. Danielson’s response to that motion.
 

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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