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Opinions June 11, 2014

June 11, 2014
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The following Indiana Supreme Court opinion was posted after IL deadline Tuesday.
Shannon Robinson and Bryan Robinson v. Erie Insurance Exchange
49S02-1311-PL-733
Civil plenary. Affirms summary judgment in favor of Erie Insurance on the issue of whether its automobile policy provided uninsured motorists coverage for automobile property damaged caused by a hit-and-run driver where no personal injury resulted. Because personal injury did not result in the accident, the Erie policy does not provide uninsured motorist coverage with respect to the property damage sustained by the Robinsons’ vehicle.

Wednesday’s opinions
Indiana Court of Appeals

In the Matter of the Petition for Temporary Protective Order: A.N. v. K.G.
49A04-1212-PO-649
Protective order. On rehearing, reverses 28-year extension of protective order because it is unreasonable. Because A.N. agreed to an extension, remands for the trial court to determine a reasonable extension of K.G.’s protective order in accordance with the instructions in this opinion.

Jeffrey M. Miller and Cynthia S. Miller v. Central Indiana Community Foundation, Inc., and Brian Payne
49A04-1309-PL-451
Civil plenary. Affirms summary judgment for Central Indiana Community Foundation Inc. and Brian Payne on the Millers’ lawsuit alleging, among other things, defamation and tortious interference with a business relationship. Summary judgment was proper on the tort claims, civil conspiracy claim and loss of consortium claim.

State of Indiana v. Brishen R. Vanderkolk
79A04-1308-CR-407
Criminal. Affirms grant of Vanderkolk’s suppression motion. Caselaw supports the conclusion that Vanderkolk’s roommate did not completely waive his Fourth Amendment rights before beginning home detention. A search of their home led to contraband in Vanderkolk’s room. Judge Bailey concurs in result. Judge Kirsch dissents without opinion.

Ajayi Folajuwoni v. State of Indiana (NFP)
49A02-1306-CR-556
Criminal. Affirms convictions of Class A misdemeanor voyeurism, Class B misdemeanor battery and Class B felony attempted deviate conduct.

In Re the Paternity of C.B.: F.M. v. N.B. (NFP)
71A04-1309-JP-492
Juvenile. Affirms grant of father’s petition to award him primary custody of child and the order mother pay $5,000 of father’s attorney fees.

In the Matter of the Termination of the Parent-Child Relationship of A.R. and K.R., Minor Children, and B.W., Mother, B.W. v. Indiana Department of Child Services, et al (NFP)
45A05-1307-JT-335
Juvenile. Affirms order terminating parental rights.

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. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  2. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  3. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

  4. I would like to discuss a commercial litigation case. If you handle such cases, respond for more details.

  5. Great analysis, Elizabeth. Thank you for demonstrating that abortion leads, in logic and acceptance of practice, directly to infanticide. Women of the world unite, you have only your offspring to lose!

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