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Opinions May 23, 2014

May 23, 2014
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Indiana Court of Appeals
Andrew J. Rogers v. Sigma Chi International Fraternity, Theta Pi of Sigma Chi, Ancil Jackson, Brian Mifflin, Jr., and Joshua Kearby
84A04-1305-CT-224
Civil tort. Affirms summary judgment for Sigma Chi International fraternity, its Terre Haute chapter and Jackson, Mifflin and Kearby on Rogers’ claim the defendants should have protected him from being assaulted at a party. Sigma Chi did not have possession of the premises where Rogers was injured, the defendants had no duty to protect him from the assault, and the International fraternity was not vicariously liable for the acts of the persons at the premises because it had no actual or apparent authority over them.

In the Matter of the Civil Commitment of C.P., C.P. v. Community Hospital North/Gallahue Mental Health
49A02-1309-MH-770
Mental health. Affirms 90-day involuntary commitment to Community Hospital North. The psychiatrist’s testimony provided clear and convincing evidence that C.P. was gravely disabled.

Kenneth Griesemer v. State of Indiana
49A04-1308-CR-382
Criminal. Reverses conviction of Class A misdemeanor patronizing a prostitute. Because the evidence most favorable to the state permits an inference only that the police induced Griesemer’s criminal behavior, but does not contain any evidence permitting an inference that Griesemer was predisposed to commit patronizing a prostitute, entrapment was established as a matter of law. Chief Judge Nancy Vaidik dissents.

Christopher Bell v. State of Indiana (NFP)
82A04-1309-CR-478
Criminal. Affirms convictions of murder and Class C felony conspiracy to commit robbery.

Agav Properties, Avrohem Tkatch, and Elisheva Tkatch v. The City of South Bend and The South Bend Fire Department (NFP)
71A04-1308-PL-396
Civil plenary. Affirms grant of motion to dismiss and motion of summary judgment filed by the city of South Bend and the fire department on claims alleging negligence, intentional interference with a contractual relationship and violation of state and federal constitutional rights.

Town of New Pekin, Indiana v. Gail Stewart and Kermit Stewart (NFP)
88A01-1310-PL-442
Civil plenary. Affirms denial of the town’s motion for summary judgment and remands to the trial court for adjudication by the finder of fact.

R & M Construction, Inc., and Lake County Trust Company, as Trustee Under a Trust Agreement Dated May 17, 1989 and Known as Trust No. 1901 v. Twin Lakes Utilities, Inc. (NFP)
Civil collection. Affirms summary judgment on R&M's and the trust’s claims and reverses summary judgment to Twin Lakes as to its claim for declaratory judgment. Remands for further proceedings on Twin Lakes' claims.

Michael Nero v. Citimortgage, Inc. (NFP)
52A02-1312-MF-1017
Mortgage foreclosure. Affirms entry of summary judgment in favor of Citimortgage in its mortgage foreclosure action.

Adrian Walton v. State of Indiana (NFP)
49A04-1307-CR-365
Criminal. Affirms murder conviction.

In re the Marriage of: Carla Weiler v. Kevin P. Weiler (NFP)
45A03-1310-DR-424
Domestic relation. Affirms in part and vacates in part husband’s motion to enforce decree of dissolution of marriage. Remands for the trial court to order the parties to ensure the marital residence is listed for sale.

Ronald DeWayne Thompson v. State of Indiana (NFP)
45A04-1310-CR-511
Criminal. Affirms denial of request for mistrial.

EMR Consulting, Inc. v. Review Board of the Indiana Department of Workforce Development and Laura Shipp (NFP)
93A02-1308-EX-691
Agency action. Affirms decision to grant Shipp unemployment benefits.

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

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  1. Contact Lea Shelemey attorney in porter county Indiana. She just helped us win our case...she is awesome...

  2. We won!!!! It was a long expensive battle but we did it. I just wanted people to know it is possible. And if someone can point me I. The right direction to help change the way the courts look as grandparents as only grandparents. The courts assume the parent does what is in the best interest of the child...and the court is wrong. A lot of the time it is spite and vindictiveness that separates grandparents and grandchildren. It should not have been this long and hard and expensive...Something needs to change...

  3. Typo on # of Indiana counties

  4. The Supreme Court is very proud that they are Giving a billion dollar public company from Texas who owns Odyssey a statewide monopoly which consultants have said is not unnecessary but worse they have already cost Hoosiers well over $100 MILLION, costing tens of millions every year and Odyssey is still not connected statewide which is in violation of state law. The Supreme Court is using taxpayer money and Odyssey to compete against a Hoosier company who has the only system in Indiana that is connected statewide and still has 40 of the 82 counties despite the massive spending and unnecessary attacks

  5. Here's a recent resource regarding steps that should be taken for removal from the IN sex offender registry. I haven't found anything as comprehensive as of yet. Hopefully this is helpful - http://www.chjrlaw.com/removal-indiana-sex-offender-registry/

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