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. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  2. Do you know who the sponsor of the last-minute amendment was?

  3. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  4. My husband left me and the kids for 2 years, i did everything humanly possible to get him back i prayed i even fasted nothing worked out. i was so diver-stated, i was left with nothing no money to pay for kids up keep. my life was tearing apart. i head that he was trying to get married to another lady in Italy, i look for urgent help then i found Dr.Mack in the internet by accident, i was skeptical because i don’t really believe he can bring husband back because its too long we have contacted each other, we only comment on each other status on Facebook and when ever he come online he has never talks anything about coming back to me, i really had to give Dr.Mack a chance to help me out, luckily for me he was God sent and has made everything like a dream to me, Dr.Mack told me that everything will be fine, i called him and he assured me that my Husband will return, i was having so many doubt but now i am happy,i can’t believe it my husband broke up with his Italian lady and he is now back to me and he can’t even stay a minute without me, all he said to me was that he want me back, i am really happy and i cried so much because it was unbelievable, i am really happy and my entire family are happy for me but they never know whats the secret behind this…i want you all divorce lady or single mother, unhappy relationship to please contact this man for help and everything will be fine i really guarantee you….if you want to contact him you can reach him through dr.mac@yahoo. com..,

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

ADVERTISEMENT