ILNews

Opinions June 11, 2014

June 11, 2014
Keywords
Back to TopE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Historically speaking pagans devalue children and worship animals. How close are we? Consider the ruling above plus today's tidbit from the politically correct high Court: http://indianacourts.us/times/2016/12/are-you-asking-the-right-questions-intimate-partner-violence-and-pet-abuse/

  2. The father is a convicted of spousal abuse. 2 restaining orders been put on him, never made any difference the whole time she was there. The time he choked the mother she dropped the baby the police were called. That was the only time he was taken away. The mother was suppose to have been notified when he was released no call was ever made. He made his way back, kicked the door open and terrified the mother. She ran down the hallway and locked herself and the baby in the bathroom called 911. The police came and said there was nothing they could do (the policeman was a old friend from highschool, good ole boy thing).They told her he could burn the place down as long as she wasn't in it.The mother got another resataining order, the judge told her if you were my daughter I would tell you to leave. So she did. He told her "If you ever leave me I will make your life hell, you don't know who your f!@#$%^ with". The fathers other 2 grown children from his 1st exwife havent spoke 1 word to him in almost 15yrs not 1 word.This is what will be a forsure nightmare for this little girl who is in the hands of pillar of the community. Totally corrupt system. Where I come from I would be in jail not only for that but non payment of child support. Unbelievably pitiful...

  3. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

  4. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  5. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

ADVERTISEMENT