ILNews

Opinions July 25, 2014

July 25, 2014
Keywords
Back to TopE-mailPrintBookmark and Share

The following Indiana Supreme Court opinion was issued after IL deadline Thursday:

Carol Sparks Drake v. Thomas A. Dickey, Craig Anderson, Charles E. Podell, and Duke Realty Corp.
29S02-1407-CT-483
Civil tort. Summarily affirms Court of Appeals ruling reversing summary judgment in favor of defendants, finding that attorney Carol Sparks Drake presented a genuine item of material fact as to whether defendants intentionally induced her employer, Parr Richey Obremskey & Morton, to terminate her partnership agreement. Remands to the trial court for proceedings.


Friday’s opinions
Indiana Court of Appeals
Chris T. Collins v. State of Indiana
49A02-1310-PC-887
Post conviction. Affirms denial of post-conviction relief, concluding that the post-conviction court’s denial of Collins’ request of subpoenas was not an abuse of discretion and that denial of his petition was proper.

Jennifer L. Patch v. State of Indiana
68A05-1309-CR-460
Criminal. Affirms conviction of Class B felony conspiracy to commit burglary. The evidence was sufficient to convict Patch, and the trial court did not abuse its discretion in denying Patch’s motion for a mistrial.

Michael B. Eliseo v. State of Indiana
90A04-1307-CR-370
Criminal. Affirms trial court order that Eliseo pay $300 for a supplemental public defender service fee and $166 in court costs. The court has discretion under I.C. 33-40-3-6 and I.C. 33-37-2-3 to order payment of fees above the statutory $100 public defender cap after a finding of indgency, and no hearing is required, the majority opinion held. In a concurring opinion, Judge Patricia Riley found the trial court did not abuse its discretion, but she wrote the court is obligated to conduct a hearing on ability to pay at the time the costs are due.

Joseph D. Barnette, Jr., and Charlene Barnette, and City of Carmel Department of Community Services, Division of Building and Code Services, et al. v. US Architects, LLP, Albert D. Bowen, et al.
29A02-1304-PL-309
Civil plenary. Affirms in part, reverses in part and remands for proceedings. The trial court erred in granting summary judgment to the Bowens because they had not exhausted their administrative remedies before suing the city. Remands with instructions to dismiss U.S. Architects’ and the Bowens’ declaratory judgment complaint, and holds U.S. Architects lacks standing to seek a declaratory judgment.

Phyllis Dodson, as Special Administrator of the Estate of Eboni Dodson, Deceased v. Curt D. Carlson, Carmel Hotel Company, d/b/a Grille 39, Seven Corners, Inc., et al.
49A04-1305-CT-267
Civil tort. Affirms summary judgment for Seven Corners. Finds the “going and coming” limitation to the doctrine of respondeat superior absolves Seven Corners of any liability in an accident caused by its employee Carlson. Concludes even though Carlson had dinner and drinks with a client prior to the accident, he was not acting in the scope of his employment at the time of the accident.

Andrew Prairie v. State of Indiana (NFP)
29A02-1309-CR-841
Criminal. Affirms convictions of Class D felony attempted theft, three counts of Class D felony receiving stolen property, and a count of Class B misdemeanor unauthorized entry of a motor vehicle.

Kelsey Lynn Wilson v. State of Indiana (NFP)
82A01-1310-CR-454
Criminal. Affirms conviction of Class A felony dealing in cocaine.

Merrill C. Roberts v. Unlimited, LLC d/b/a Remax Unlimited and Matthew A. Gunning (NFP)
49A05-1306-PL-294
Civil plenary. Affirms denial of an award of attorney fees sought by Roberts.

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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. 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.

  2. 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???

  3. 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?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

ADVERTISEMENT