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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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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