ILNews

Opinions Jan. 15, 2013

January 15, 2013
Keywords
Back to TopE-mailPrintBookmark and Share

Indiana Supreme Court
Timothy W. Plank, Individually and as Personal Representative of the Estate of Debra L. Plank, Deceased v. Community Hospitals of Indiana, Inc., and State of Indiana
49S04-1203-CT-135
Civil tort. Affirms trial court denial of Timothy Plank’s request to hold an evidentiary hearing to challenge the constitutionality of the Medical Malpractice Act. Plank forfeited his opportunity to conduct such a hearing.

Indiana Court of Appeals
George Dean King v. Kay S. King, et al.
49A02-1202-MF-73
Mortgage foreclosure. Affirms trial court’s approval of the receiver’s Verified Final Accounting relating to the receivership of eight business entities founded by George W. King and the distribution of the receivership assets among his three children. The COA rejected George Dean King’s assertion that the conveyance of Crown Associates Inc. included certain inter-company accounts receivable created by the court-appointed receiver. The COA ruled the trial court did not abuse its discretion because the siblings’ settlement agreement which transferred ownership of Crown to George Dean King did not specifically mention the accounts receivable.  

Amir H. Sanjari v. State of Indiana
20A03-1206-CR-273
Criminal. Affirms 10-year sentence for nonsupport of dependent children after resentencing ordered by the Indiana Supreme Court, holding that Amir Sanjari’s sentence was not inappropriate given Sanjari’s character and that Sanjari presented no evidence that the sentence was vindictive.

Steven Engelking v. Amy Engelking
18A02-1206-DR-495
Domestic relation. Affirms trial court judgment requiring Steven Engelking to pay child support for two children born through artificial insemination from a third-party sperm donor. The court rejected Steven Engelking’s argument that he did not knowingly and voluntarily consent to the artificial inseminations and ruled that both parents have an obligation to support the children.

Secrena D. Erwin, individually and as Mother of Sheyenne R. Jenkins, deceased v. HSBC Mortgage Services, Inc., Ian's Pointe Homeowners Association, Inc., and R&G Management Co., Inc., et al.
32A01-1202-CT-80
Civil tort. Affirms trial court’s grant of summary judgment in favor of HSBC et. al. in the wrongful death action filed after the drowning of 5-year-old Sheyenne Erwin. The appeals court held that the grant of summary judgment based on lack of duty was properly granted.

J.R. v. State of Indiana
49A05-1204-JV-175
Juvenile. Affirms adjudication as a delinquent child for burglary, which would be a Class B felony if committed by an adult; theft, which would be a Class D felony if committed by an adult; auto theft, which would be a Class D felony if committed by an adult; and resisting law enforcement, which would be a Class A misdemeanor if committed by an adult.

John Pichon, Jr. v. American Heritage Banco, Inc., et al.
76A03-1201-PL-4
Civil plenary. Affirms in part, reverses in part and remands for new trial after a judgment of $1,189,105 plus interest had been entered against John Pichon, holding the trial court erred in excluding from evidence an exhibit purporting to show Pichon repaid a $650,000 promissory note.

Designplan, Inc. and Jill D. Willey v. John R. Price and The National Bank of Indianapolis Corporation (NFP)
29A05-1203-PL-120
Civil Plenary. There was no breach of duty, and the trial court did not err by granting NBI’s motion for summary judgment.

Bin Mu v. State of Indiana (NFP)
49A05-1205-CR-310
Criminal. Affirms conviction of Class D felony criminal confinement and Class A misdemeanor battery.

Norma E. Singo, et al. v. Deutsche Bank National Trust Company Americas, and Fred Shimfessel, Richard Cart, d/b/a Cart's Creative Designs and Encore Credit Corp. (NFP)
39A01-1202-MF-48
Mortgage foreclosure. Affirms summary judgment in favor of Deutsche Bank, et al.

Kelly Lee Muncy, Kendra Marie Vondersaar, Karen Kay Muncy and Kim Sue Muncy v. Town of Avon, Indiana (NFP)
32A04-1203-OV-134
Local ordinance violation/zoning. Affirms trial court ruling that use of property for open storage violates an Avon zoning ordinance.

Pamela J. Podemski v. U.S. Bank National Association as Trustee (NFP)
20A03-1207-MF-325
Mortgage foreclosure. Affirms trial court denial of Pamela Podemski’s motion to set aside default judgment and foreclosure decree.

State of Indiana v. Jason Burkett (NFP)
09A02-1205-PC-356
Post conviction. Reverses and remands post-conviction relief court’s grant of petition for post-conviction relief.

Term. of the Parent-Child Rel. of Tr.C., Te.C., and K.C. (Minor Children); N.C. aka N.J. (Father) v. The Indiana Dept. of Child Services (NFP)
42A04-1205-JT-273
Juvenile. Affirms termination of parental rights.


 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Ah ha, so the architect of the ISC Commission to advance racial preferences and gender warfare, a commission that has no place at the inn for any suffering religious discrimination, see details http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 ..... this grand architect of that institutionalized 14th amendment violation just cannot bring himself to utter the word religious discrimination, now can he: "Shepard noted two questions rise immediately from the decision. The first is how will trial courts handle allegations of racism during jury deliberations? The second is does this exception apply only to race? Shepard believes the exception to Rule 606 could also be applied to sexual orientation and gender." Thus barks the Shepard: "Race, gender, sexual orientation". But not religion, oh no, not that. YET CONSIDER ... http://www.pewforum.org/topics/restrictions-on-religion/

  2. my sister hit a horse that ran in the highway the horse belonged to an amish man she is now in a nurseing home for life. The family the horse belonged to has paid some but more needs to be paid she also has kids still at home...can we sue in the state f Indiana

  3. Or does the study merely wish they fade away? “It just hasn’t risen substantially in decades,” Joan Williams, director of the Center for WorkLife Law at the University of California Hastings College of the Law told Law360. “What we should be looking for is progress, and that’s not what we’re seeing.” PROGRESS = less white males in leadership. Thus the heading and honest questions here ....

  4. One need not wonder why we are importing sex slaves into North America. Perhaps these hapless victims of human trafficking were being imported for a book of play with the Royal Order of Jesters? https://medium.com/@HeapingHelping/who-are-the-royal-order-of-jesters-55ffe6f6acea Indianapolis hosts these major pervs in a big way .... https://www.facebook.com/pages/The-Royal-Order-of-Jesters-National-Office/163360597025389 I wonder what affect they exert on Hoosier politics? And its judiciary? A very interesting program on their history and preferences here: https://www.youtube.com/watch?v=VtgBdUtw26c

  5. Joseph Buser, Montgomery County Chief Prosecutor, has been involved in both representing the State of Indiana as Prosecutor while filing as Representing Attorney on behalf of himself and the State of Indiana in Civil Proceedings for seized cash and merchandise using a Verified Complaint For Forfeiture of Motor Vehicle, Us Currency And Reimbursement Of Costs, as is evident in Montgomery County Circuit Court Case Number 54C01-1401-MI-000018, CCS below, seen before Judge Harry Siamas, and filed on 01/13/2014. Sheriff Mark Castille is also named. All three defendants named by summons have prior convictions under Mr. Buser, which as the Indiana Supreme Court, in the opinion of The Matter of Mark R. McKinney, No. 18S00-0905-DI-220, stated that McKinney created a conflict of interest by simultaneously prosecuting drug offender cases while pocketing assets seized from defendants in those cases. All moneys that come from forfeitures MUST go to the COMMON SCHOOL FUND.

ADVERTISEMENT