Opinions

Opinions July 19, 2016

July 19, 2016
Indiana Court of Appeals
Jonathan Gibson v. State of Indiana (mem. dec.)
49A05-1601-PC-129
Post conviction. Affirms denial of petition for post-conviction relief.
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Opinions July 18, 2016

July 18, 2016
Indiana Court of Appeals
Pinnacle Properties Development Group, LLC v. Sarah Oliver (mem. dec.)
10A01-1512-SC-2143
Small claim. Affirms judgment in favor of Oliver on Pinnacle Properties’ small claim action seeking as damages unpaid rent and an unpaid utility bill, as well as possession of Oliver’s apartment.
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Opinions July 15, 2016

July 15, 2016
Indiana Court of Appeals
Larenz Jordan v. State of Indiana

27A02-1511-CR-1897
Criminal. Affirms Jordan’s convictions of 12 counts of rape and one count of conspiracy to commit rape, as Level 1 felonies; one count of Level 4 felony burglary, and one count of Level 5 felony robbery. The juvenile court, in waiving him to adult court, did not abuse its discretion as there was no error associated with the judge’s use of the phrase “criminal thinking” without reference to evidence-based measures of criminogenic behavior, where here, the elements of the waiver statute are other properly addressed and supported. Concludes his 40-year aggregate sentence is appropriate.
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Opinions July 14, 2016

July 14, 2016
Indiana Court of Appeals
Fireman's Fund Insurance Company v. Matthew W. Ackerman and American Casualty Co.
82A01-1509-CT-1350
Civil tort. Reverses denial of the Fireman’s Fund’s motion for summary judgment regarding Ackerman’s claim for underinsured motorist coverage. Given Indiana Code 27-7-5-1.5(b), Fireman’s Fund was not required to provide UM/UIM coverage in the 2008 Evansville Marine policy. Fireman’s Fund was entitled to judgment as a matter of law and there were no genuine issues of material fact. Remands for further proceedings.
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Opinions July 13, 2016

July 13, 2016
Indiana Court of Appeals
Noe Escamilla v. Shiel Sexton Company, Inc. (dissent on rehearing) 54A01-1506-CT-602 Civil tort. Denies Escamilla’s petition for rehearing. Judge Baker dissents with opinion, writing that knowledge of a party’s immigration status alone sheds no meaningful light on the question of whether that party will one day face deportation.
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Opinions July 12, 2016

July 12, 2016
Indiana Supreme Court
Victor Roar v. State of Indiana
49S02-1607-CR-372
Criminal. Affirms Victor Roar’s Class A misdemeanor intimidation conviction. Grants transfer and incorporates by reference the portion of the Court of Appeals opinion on sufficiency of the evidence and affirms the trial court. Summarily affirms the COA opinion addressing the admission of other evidence.
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Opinions July 11, 2016

July 11, 2016
Indiana Court of Appeals
Shawn M. Sobolewski v. State of Indiana (mem. dec.)
46A03-1511-CR-2011
Criminal. Affirms convictions of Class A felony aiding, inducing or causing burglary and Class B felony aiding, inducing or causing robbery.
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Opinions July 8, 2016

July 8, 2016
Indiana Court of Appeals
Brad L. Sullivan v. State of Indiana
16A01-1512-CR-2175
Criminal. Reverses revocation of Sullivan’s community corrections placement. Based on the totality of the circumstances, including the nature of the violation – Sullivan’s commitment for mental health issues, and the sanction, an order he serve the sentence in the DOC – the trial court abused its discretion in finding his violation warranted revoking his community corrections placement. Remands for placement in community corrections.
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Opinions July 7, 2016

July 7, 2016
Indiana Court of Appeals
In the Matter of the Term. of the Parent-Child Relationship of: K.B., Minor Child, and L.B., Father v. The Ind. Dept. of Child Services (mem. dec.)
54A05-1601-JT-55
Juvenile. Affirms involuntary termination of father’s parental rights.
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Opinions July 6, 2016

July 6, 2016
Indiana Court of Appeals
James E. Rogers v. State of Indiana
49A02-1508-CR-1033
Criminal. Reverses the denial of Rogers’ motion to compel a woman who provided social services support to Rogers’ minor victim and her family to answer four questions during a deposition.
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Opinions July 5, 2016

July 5, 2016
Indiana Supreme Court
State of Indiana, Acting on Behalf of the Indiana Family & Social Services Administration
49S00-1605-OR-294
Original action. Concludes that the state is entitled to a change of judge. Removes Marion Superior Judge David Dreyer and orders the trial court to grant the change of judge motion. Vacates all orders Dreyer issued in the case on or after May 6, 2016, the date the Supreme Court’s order was certified, and prohibits Dreyer from exercising further jurisdiction except to effectuate the change of judge.
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Opinions July 1, 2016

July 1, 2016
Indiana Court of Appeals
Richard J. McVey v. State of Indiana
73A04-1601-CR-12
Criminal. Affirms in part and reverses in part denial of McVey’s petitions to be removed from the lifetime sex-offender registry and to be exempted from the unlawful-entry statute. Finds the lifetime-registration requirement for sex offenders violates the Indiana Constitution’s prohibition against ex post facto laws as applied McVey, who was convicted of molesting his half-sister between 1998 and 2001. Holds the unlawful-entry statute, which makes it a crime for a person who is required to register as a sex offender and who is convicted of child molesting to enter school property, is not an ex post facto law as applied to him.
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Opinions June 30, 2016

June 30, 2016
Indiana Court of Appeals
Keyaunna Hurley v. State of Indiana
49A05-1601-CR-108
Criminal. Rules Keyaunna Hurley’s inability to give a sufficient sample on a chemical breath test after she was suspected of driving under the influence was a refusal to take the test under section 2-4-2(b)(5) of Title 260 of the Indiana Administrative Code and the evidence was sufficient to sustain the refusal determination.
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Opinions June 29, 2016

June 29, 2016
Indiana Court of Appeals
Anonymous M.D. and Anonymous Hospital v. Kenneth Lockridge, on behalf of Lily Lockridge, Rose Lockridge, and Kenneth Lockridge, Jr., Minors
39A01-1509-CT-1498
Civil tort. Affirms ruling that a medical malpractice suit filed by minor children Lily, Rose and Kenneth Lockridge Jr. can proceed due to an exception in the Medical Malpractice Act, and the Act includes derivative lawsuits because the General Assembly did not exclude them when it drafted the legislation.
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Opinions June 28, 2016

June 28, 2016
Indiana Supreme Court
In the Matter of Charles P. White
49S00-1203-DI-156
Attorney discipline. Suspends the former Indiana Secretary of State for at least two years without automatic reinstatement. Finds that Charlie White’s felony convictions of perjury, voting outside a precinct of residence and theft are violations of Indiana Professional Conduct Rules.
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Opinions June 27, 2016

June 27, 2016
Indiana Court of Appeals
BC Osaka, Inc. and City Inn, Inc. v. Kainan Investment Groups, Inc.
45A03-1510-CT-1587
Civil Tort. Reverses decision granting Kainan Investment’s cross-claim on summary judgment that BC Osaka indemnify them against a woman’s personal injury claims. Finds the lease agreement did not specify whether the indemnification extended to negligence by the landlord and the landlord controlled the parking lot where the injury happened. Remands for jury trial.
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Opinions June 24, 2016

June 24, 2016
Indiana Court of Appeals
Willis G. Heck v. State of Indiana (mem. dec.)
84A01-1601-CR-126
Criminal. Affirms Willis Heck’s five-year sentence after he pleaded guilty to Level 5 felony burglary.
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Opinions June 23, 2016

June 23, 2016
Indiana Court of Appeals
Trondo L. Humphrey v. State of Indiana
48A02-1508-PC-1238
Post conviction. Reverses and remands denial of Trondo Humphrey’s petition for post-conviction relief after the court found Humphrey’s counsel was ineffective for not objecting to the use of statement for impeachment only. Also finds that Humphrey’s appeal was not barred by laches.
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Opinions June 22, 2016

June 22, 2016
Indiana Court of Appeals
Ricky E. Arion v. State of Indiana
08A02-1508-CR-1278
Criminal. Dismisses burglary, sexual battery and criminal confinement charges against Ricky Arion. COA rules the fact that the trial court never received a return of the arrest warrant did not absolve the trial court of following Arion’s motion for a speedy trial.
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Opinions June 21, 2016

June 21, 2016
Indiana Court of Appeals
In the Termination of the Parent-Child Relationship of N.C. (Minor Child) and A.C. (Father) v. The Indiana Department of Child Services
49A02-1510-JT-1711
Juvenile. Affirms termination of father’s parental rights after COA found the Americans with Disabilities Act cannot be used as a defense and the father waived his right to appeal on these grounds by not bringing up the issue at the trial court level.
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Opinions June 20, 2016

June 20, 2016
Indiana Court of Appeals
Town of Cedar Lake v. Review Board of the Indiana Department of Workforce Development, and Nicole Hoekstra (mem. dec.)
93A02-1512-EX-2165
Agency action. Affirms the Department of Workforce Development Review Board’s ruling that Nicole Hoekstra was fired without just cause.
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Opinions June 17, 2016

June 17, 2016
Indiana Court of Appeals
Richard C. Gallops and Patricia A. Gallops v. Shambaugh Kast Beck & Williams, LLP
02A03-1509-CT-1401
Civil tort. Dismisses Richard and Patricia Gallopses’ appeal of orders preceding their agreed judgment with Shambaugh Kast Beck & Williams on their legal malpractice suit because agreed judgments are not appealable.
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Opinions June 16, 2016

June 16, 2016
Indiana Supreme Court
Thomas L. Hale v. State of Indiana
35S02-1601-CR-37
Criminal. Reverses conviction of dealing in methamphetamine, holding that the trial court abused its discretion by failing to grant Hale depositions of two state witnesses at public expense. Advises trial courts denying an indigent defendant’s motion to depose state witnesses at public expense should issue findings supporting the denial.
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Opinions June 15, 2016

June 15, 2016
Indiana Court of Appeals
Northeastern Rural Electric Membership Corporation v. Wabash Valley Power Association, Inc.
49A02-1508-PL-1312
Civil plenary. Affirms summary judgment for Wabash Valley Power Association after Northeastern Rural Electric Membership Corp. challenged Wabash’s statute of limitations defense. Finds that the breach of contract would have happened in 2004, when Wabash switched regulations from state to federal and not 2008, when Wabash’s rates began to increase.
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Opinions June 14, 2016

June 14, 2016
Indiana Court of Appeals
Gregory Schafer v. Kathryne Borchert d/b/a Southlake Realty.
56A04-1507-CP-977
Civil plenary. Affirms judgment for Kathryne Borchert after Gregory Schafer appealed the judgment on Schafer’s claims that a tax sale notice was sent to him one day late when Borchert filed for a quiet title. Schafer had filed on cross-appeal to have the tax deeds set aside. The Court of Appeals found the trial court misinterpreted Trial Rule 6(A), counting the number of days between the notice and sale incorrectly.
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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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