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Opinions July 30, 2013

July 30, 2013
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The following opinion was released after IL deadline Monday:
7th Circuit Court of Appeals
Mobile Tool International, Inc. and MTI Insulated Products, Inc. v. Davis H. Elliot Company, Inc.
12-2673
Civil. Affirms summary judgment for Mobile. Finds that the indemnity provision in the invoice did not supersede the language in the lease so Elliot was required to defend and indemnify Mobile against claims made by an injured employee.

Today's opinions:
Indiana Court of Appeals

In Re the Adoption of: P.A.H., f/k/a P..V., Minor Child, B.D. and L.H.C., v. J.H.
79A02-1302-AD-183
Adoption. Reverses trial court’s order granting post-adoption visitation to P.H.’s biological uncle, J.H. Finds the lower court lacked authority to grant post-adoption visitation rights to J.H. since he is not within any statutory category of persons entitled to visitation rights.

In Re: The Paternity of Jo.J., J.W.J., v. D.C.
29A05-1209-JP-447
Juvenile paternity. Affirms the judgment of the trial court to modify the father’s child support obligation and to jail father for contempt. The COA concludes the trial court may have erred in considering mother’s request for “temporary support” prematurely. It did not err in modifying father’s weekly child support payment.

Darla M. Brenton, as Personal Representative of the Estate of Evelyn Norfleet, Deceased v. Leslie D. Lutz
77A01-1302-ES-86
Estate, supervised. Affirms trial court’s order removing Brenton as special administrator of her mother’s estate. Brenton had successfully sought to be appointed as administrator for the sole purpose of collecting damages for wrongful death. However, when the trial court removed her as administrator after learning her brother had already been named as the executor of her mother’s estate, Brenton argued that the trial court did not comply with Indiana Code Section 29-1-10-6. This did not persuade the COA. The appeals court ruled without a valid appointment of a special administrator, there is not reason to seek removal under I.C. Section 29-1-10-6.      

Adam Miller v. State of Indiana
53A05-1211-CR-560
Criminal. Reverses trial court’s denial of Miller’s motion to suppress. Concludes the search of Miller’s backpack was impermissible under the Fourth Amendment of the U.S. Constitution. Judge Cale Bradford dissents, arguing the search of Miller’s backpack did not violate the Fourth Amendment of the U.S. Constitution or Article I, Section 11 of the Indiana Constitution. Further, he asserts, the trial court did not abuse its discretion in allowing the state to reopen its evidence at the suppression hearing.  

Kevin Buckley v. State of Indiana (NFP)

49A04-1211-CR-564
Criminal. Affirms conviction for Class C felony.

Robert Marks v. State of Indiana (NFP)

62A01-1212-CR-591
Criminal. Affirms trial court’s revocation of Marks’ probation.  

Anonymous Hospital, Inc., v. Jane Doe, Et Al., and Indiana Department of Insurance (NFP)
20A03-1210-CT-426
Civil tort. Reverses and remands for further proceedings the trial court granting Doe partial summary judgment. Rules Doe’s complaint for damages falls within the purview of the Indiana Medical Malpractice Act.

Joseph Dowell and Angie L. Grove and Cody Rowe v. American Modern Home Insurance Company (NFP)
50A03-1211-CT-487
Civil tort. Affirms summary judgment for American Modern Home Insurance Co.

Gary Wayne Shortt v. State of Indiana (NFP)
73A01-1212-CR-590
Criminal. Affirms the denial of Shortt’s motion for earned credit time and to correct error in his sentence.

Floyd D. Stewart v. State of Indiana (NFP)

65A05-1212-CR-656
Criminal. Affirms Stewart’s conviction of two counts of Class A felony dealing in cocaine and sentence to concurrent terms of 23 years, with 21 years executed and two years suspended.  

Kendal R. Pitts v. State of Indiana (NFP)

45A03-1211-CR-492
Criminal. Affirms Pitts’ 30-year sentence for Class A felony rape.

Dominique Devon Hayes v. State of Indiana (NFP)

45A05-1211-CR-576
Criminal. Affirms Hayes’ sentence of 17 years for one count of Child Molesting as a Class B felony.  

Margaret Smith v. Kristopher Schaler (NFP)

49A05-1211-CT-552
Civil tort. Affirms trial court’s denial of Smith’s motion to dismiss Schaler’s complaint pursuant to Indiana Trial Rule 12(B)(6). Judge Nancy Vaidik dissents, arguing the trial court did err because Schaler has only pled to spoliation-of-evidence claim in his complaint and spoliation of evidence is not a recognized cause of action in Indiana.

Victor Fointno v. Clair Barnes, Et Al., (NFP)
52A05-1303-SC-126
Small Claim. Affirms trial court’s entry of judgment against Fointno and in favor of the defendants.

James A. Groff v. State of Indiana (NFP)
90A02-1211-CR-886
Criminal. Affirms Groff’s statutory no-contact order as a condition of his executed sentence following his plea of guilty to sexual misconduct with a minor, a Class B felony.  

In the Matter of the Term. of Parent-Child Rel. of M.G. & A.G. (Minor Children), and S.S.(Mother) & S.G.(Father), v. Child Advocates Inc. and Indiana Department of Child Services (NFP)
49A05-1211-JT-583
Juvenile termination. Affirms the termination of mother’s and father’s parental rights.

Truong Vu v. State of Indiana (NFP)
53A04-1207-CR-352
Criminal. Affirms Vu’s convictions for criminal deviate conduct, as a Class B felony; sexual battery, as a Class D felony; and two counts of criminal confinement, as Class D felonies. Remands with instructions for the court to correct its written sentencing statement and any related documents to include the term of probation.  

Jose F. Medina v. State of Indiana (NFP)

20A04-1210-CR-525
Criminal. Affirms Medina’s conviction of and sentence for Class A felony attempted child molesting.

Adam Sullender v. State of Indiana (NFP)
20A03-1212-CR-554
Criminal. Affirms Sullender’s sentence for Class C felony battery of a pregnant woman and Class D felony strangulation.
 
Martez Brown v. State of Indiana (NFP)
48A02-1212-CR-1007
Criminal. Affirms Brown’s 150-year sentence after being convicted of two counts of murder and one count of Class B felony robbery.

Billy Ray Mead v. State of Indiana (NFP)
03A01-1301-CR-33
Criminal. Affirms trial court’s revocation of Mead’s probation and order for him to serve his previously suspended five-year sentence in the Indiana Department of Correction with credit for time served.  

The Indiana Supreme Court and Tax Court release no opinions prior to IL deadline. The 7th Circuit Court of Appeals released no Indiana decisions prior to IL deadline.
 

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  1. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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