ILNews

Opinions Dec. 18, 2013

December 18, 2013
Keywords
Back to TopE-mailPrintBookmark and Share

Indiana Court of Appeals
Ralph Stockton v. Falls Auctioneers and Realtors and Peggy Buck as Trustee of the Peggy Buck Trust
18A05-1304-CT-160
Civil tort. Reverses summary judgment in favor of Peggy Buck as trustee of the Peggy Buck Trust on Stockon’s negligence suit. There are questions of fact regarding whether Stockton’s fall was caused in part by the length of the grass and whether Buck controlled the length of the grass. It cannot be said as a matter of law that Buck owed no duty to Stockton and Buck was not entitled to summary judgment on this basis. Remands for further proceedings.

Mark S. Weinberger, M.D. v. Estate of Phyllis R. Barnes, Deceased, By Peggy Hood as Personal Representative, Joe Clinkenbeard, P.A., et al.
45A04-1107-CT-369
Civil tort. Dismisses appeal, finding I.C. 34-51-3-6 does not allow the state to intervene in otherwise private litigation, ostensibly to protect its interest in a punitive damage award.

Local 1963 of the United Automobile, Aerospace, and Agricultural Implement Workers of America, UAW v. Madison County, Indiana, Madison County Assessor, and Madison County Recorder
27A05-1301-CC-40
Civil collection. Affirms summary judgment in favor of the Madison County defendants because as a matter of law, the county commissioners and county council had no authority to execute a collective bargaining agreement with UAW interfering with the independence of the assessor and recorder in appointing and discharging their deputies and employees.

George A. Nunley v. State of Indiana
10A04-1212-CR-630
Criminal. Grants petition for rehearing and affirms original opinion in all respects. Judge Riley would deny the petition for rehearing. Dismisses state’s argument that the proper remedy for a late-filed amendment would have been for the court to remand for proceedings on an habitual offender sentence enhancement rather than the reversal that the COA ordered.

Paul J. Coy v. State of Indiana
48A02-1301-CR-65
Criminal. Affirms convictions of Class C felony reckless homicide and two counts of Class D felony criminal recklessness. Finds that the trial court properly declined to give a lesser-included instruction, there was not a fatal variation in the charging information, the trial court did not abuse its discretion by considering aggravators and failing to consider or give proper weight to mitigators, and Coy’s sentence is appropriate in light of the nature of the offenses and his character.

In Re the Matter of the Paternity of T.L.T.: State of Indiana, as Child's Next Friend ex rel. (NFP)
71A04-1305-JP-214
Juvenile. Reverses grant of father’s motion to set aside the default judgment of paternity entered against him.

Willie Gates v. State of Indiana (NFP)
49A02-1304-CR-359
Criminal. Affirms conviction and sentence for Class D felony attempted obstruction of justice.

In the Matter of the Termination of the Parent-Child Relationship of: E.B., K.B., T.B., and M.J., (Minor Children) and J.W., (Mother) v. The Indiana Department of Child Services (NFP)
10A05-1303-JT-108
Juvenile. Affirms termination of parental rights.

Masoud Azimi on behalf of Amir Mansour Azimi, Deceased v. Clarian Health Partners d/b/a Methodist Hospital, Kyle Yancey, M.D., Steve S. Shin, M.D., David M. Kaehr, M.D., et al (NFP)
49A04-1304-CT-179
Civil tort. Affirms summary judgment in favor of the health care providers on Azimi’s medical malpractice complaint.

Timothy J. Fugate v. State of Indiana (NFP)
16A01-1306-CR-262
Criminal. Affirms revocation of probation and orders Fugate serve five years of the originally imposed eight-year suspended sentence.

In the Matter of the Termination of the Parent-Child Relationship of : B.M.B. and B.A.B., Minor Children, R.B., Father v. Indiana Department of Child Services (NFP)
21A01-1304-JT-188
Juvenile. Affirms termination of parental rights.

Frederick M. Dial v. State of Indiana (NFP)
20A05-1301-CR-15
Criminal. Affirms convictions of Class B felony dealing in methamphetamine and Class D felony maintaining a common nuisance.

Thomas Dillman v. State of Indiana (NFP)
53A01-1303-CR-112
Criminal. Affirms eight-year sentence for Class C felony failure to return to the scene of an accident resulting in death. Reverses order that court costs and a public-defender fee be paid from Dillman’s cash bond.

Lynda Rollins v. Graycor Construction Company, Inc., Graycor Industrial Constructors, Inc., Graycor Industrial Constructors, LLC, Graycor Construction Company, LLC, and Graycor, Inc. (NFP)
64A03-1307-CT-273
Civil tort. Affirms summary judgment in favor of Graycor Construction Co. Inc. in a personal injury negligence action brought by Rollins.

Guy Ivester v. State of Indiana (NFP)
33A04-1209-PC-491
Post conviction. Grants petition for rehearing and affirms original opinion in all respects, which held Ivester was not denied the effective assistance of his trial counsel, that he entered his guilty plea voluntarily, that his claims of prosecutorial misconduct and trial court abuse of discretion are unavailable, and that there was no abuse by the post-conviction court.

Andre Moton v. State of Indiana (NFP)
84A01-1305-CR-220
Criminal. Affirms sentence for Class A felony robbery and Class B felony attempted carjacking.

In the Matter of the Termination of the Parent-Child Relationship of L.N.C. and L.G.C.; J.T. v. Indiana Department of Child Services (NFP)
49A02-1305-JT-415
Juvenile. Affirms termination of parental rights.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of: P.K. (Minor Child) and D.K. (Mother) v. The Indiana Department of Child Services (NFP)
28A01-1306-JT-260
Juvenile. Affirms termination of parental rights.

Christopher L. Aders v. State of Indiana (NFP)
62A05-1305-CR-212
Criminal. Affirms denial of motion for dismissal under Ind. Criminal Rule 4(C).

The Indiana Supreme Court and Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  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

ADVERTISEMENT