Opinions Aug. 7, 2013

August 7, 2013
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Indiana Court of Appeals
Westminster Presbyterian Church of Muncie, an Indiana Non-Profit Corporation v. Yonghong Cheng and Hongjun Niu, Husband and Wife, as parents of Matthew Cheng, deceased
Civil tort. Affirms summary judgment in favor of Westminster in regard to an intentional infliction of emotional distress claim. Reverses denial of summary judgment on wrongful death and invasion-of-privacy claims and remands with instructions to grant summary judgment in favor of Westminster. Finds although the church recommended the babysitter, in whose care Matthew Cheng died, it did not owe a duty to the Cheng family as a matter of law. Also, rules the church’s publicizing the death did not invade on the Chengs’ privacy because the church did not reap any commercial value from doing so.

Centurion Federal Credit Union v. Michael Trible (NFP)
Civil plenary. Affirms trial court award of damages to Trible. Finds the trial court did not err in its holdings or in computing damages and that Trible did not fail to mitigate damages.  

Dominique L. White v. State of Indiana (NFP)
Criminal. Affirms sentence of 365 days after White pleaded guilty to operating a vehicle while intoxicated as a Class A misdemeanor.  

Dominique L. White v. State of Indiana (NFP)
Criminal. Affirms aggregate sentence of four years after White pleaded guilty to four counts of neglect of a dependent, each as a Class D felony; one count of operating a vehicle while intoxicated, as a Class D felony; and one count of driving while suspended, as a Class A misdemeanor.  

Dale R. Davidson v. State of Indiana (NFP)
Criminal. Remands for clarification of the sentence imposed on Davidson. Agrees with the state that it is not possible to ascertain what sentence was imposed upon Davidson for his convictions of residential entry, a Class D felony; and three Class A misdemeanors of battery, invasion of privacy and interference with reporting of a crime.

In the Matter of the Involuntary Term. of the Parent-Child Rel. of J.M., Minor child, and J.M. and Z.W. v. Indiana Dept. of Child Services (NFP)
Juvenile. Affirms the involuntary termination of the parental rights of J.M. (mother) and Z.W. (father).

Carlos Ramos v. State of Indiana (NFP)

Criminal. Affirms conviction of Class C felony sexual misconduct with a minor. Finds the evidence presented was sufficient to establish that Ramos understood his right to a trial by jury but preferred to proceed with a bench trial.  

John Jorman, Jr., v. State of Indiana (NFP)

Post conviction. Affirms denial of Jorman’s petition for post-conviction relief.

Daniel Aguilar, III v. State of Indiana (NFP)

Criminal. Affirms conviction of two counts of Class C felony child molesting. However, finds the trial court did not specify in the record the conditions of Aguilar’s probation, remands this case to the trial court so that it can specify in the record the terms of his probation.

Cody Steele v. State of Indiana (NFP)

Criminal. Affirms two-year sentence for escape, as a Class D felony, which was enhanced by one and one-half years due to Steele’s status as a habitual offender.

Shirley Jones v. State of Indiana (NFP)

Criminal. Affirms conviction of battery as a Class A misdemeanor. Concludes that the incredible dubiosity rule is inapplicable and that Jones’s conviction is supported by sufficient evidence.

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


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  1. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.