Opinions Oct. 30, 2012

October 30, 2012
Indiana Supreme Court
Lisa J. Kane v. State of Indiana
Criminal. Reverses conviction of Class D felony receiving stolen property and remands for retrial. The trial court improperly instructed the jury on the mental state required to convict Kane.


Opinions Oct. 29, 2012

October 29, 2012
Indiana Court of Appeals
Betty J. Angel v. Kent H. Powelson and Marjorie A. Powelson
Civil plenary. Affirms order granting part of the Powelsons’ summary judgment motion on Angel’s claims of reformation of a deed and adverse possession. The undisputed evidence shows that both Angel and the Powelsons were granted an easement to use the roadway and both used it for ingress and egress purposes. The evidence also supports Angel’s claim for reformation of a deed is barred by laches.

Opinions Oct. 26, 2012

October 26, 2012
Indiana Court of Appeals
In Re the Involuntary Term. of the Parent-Child Rel. of A.P.: T.P. v. The Indiana Dept. of Child Services and Child Advocates, Inc. (NFP)
Juvenile termination of parental rights. Affirms termination of father’s parental rights.

Opinions Oct. 25, 2012

October 25, 2012
Indiana Court of Appeals
State Farm Mutual Automobile Insurance Company v. Ken Nunn Law Office
Civil tort. Reverses denial of State Farm’s motion for summary judgment on the law office’s attempt to recover attorney fees and remands for further proceedings. The law office may not seek payment of a former client’s attorney fees from State Farm under an equitable attorney fee lien or based on a theory of quantum meruit.

Opinions Oct. 24, 2012

October 24, 2012
Indiana Court of Appeals
Leslie Ann Grider v. State of Indiana
Criminal. Reverses 19-year sentence following guilty pleas to two counts of Class C felony forgery, four counts of Class D felony theft, and two counts of Class D felony check fraud. The language of the plea agreement indicates the parties’ intention that the trial court would impose concurrent sentences on all counts regardless of the separate cause numbers. Orders Grider’s sentences to be concurrent for a total of eight years.

Opinions Oct. 23, 2012

October 23, 2012
7th Circuit Court of Appeals
Planned Parenthood of Indiana, Inc., et al., v. Commissioner of the Indiana State Department of Health, et al.
Civil. Reverses in part and affirms in part, affirming the district court injunction against I.C. 5-22-17-5.5(b) that bars state or federal funding for “any entity that performs abortions or maintains or operates a facility where abortions are performed.” The circuit court held that Medicaid grants individual rights under federal civil rights protections, but reversed the district court with regard to federal block grant funds, holding that no such actionable protection exists.

Opinions Oct. 22, 2012

October 22, 2012
Indiana Court of Appeals
Wayne Evans v. Duke Energy Indiana, Inc. (NFP)
Civil plenary. Affirms trial court injunction prohibiting construction in a utility easement.

Opinions Oct. 19, 2012

October 19, 2012
Indiana Court of Appeals
Rodney Killebrew II v. State of Indiana

Criminal. Reserves a conviction of possession of marijuana after concluding the trial court abused its discretion when it admitted evidence obtained at an illegal traffic stop. The court found the police officer had no grounds to stop the driver because the continuous use of a turn signal is not a traffic violation and the officer’s actions did not fall within his community caretaking function.

Opinions Oct. 18, 2012

October 18, 2012
Indiana Court of Appeals
John A. Dugan v. State of Indiana
Post conviction. Reverses denial of petition for post-conviction relief. The court erred when it denied Dugan’s claim that Mills applied retroactively to his habitual offender enhancement. Remands for the court to vacate that enhancement.

Opinions Oct. 17, 2012

October 17, 2012
Indiana Supreme Court
J.M. v. Review Board of the Indiana Dept. of Workforce Development and T.C.
Agency appeal. Finds the court may rely on a different statutory ground of a just cause finding than the one relied upon by the review board when, as here, the review board’s findings of fact clearly establish the alternate subsection’s applicability. Affirms the review board under Indiana Code section 22-4-15-1(d)(5), that J.M. refused to obey instructions, and was thus fired for just cause. Affirms denial of unemployment benefits.

Opinions Oct. 16, 2012

October 16, 2012
Indiana Court of Appeals
Charles Mitchell v. State of Indiana
Criminal. Affirms conviction and sentence for Class D felony theft. The evidence is sufficient to show Mitchell and the other defendants knowingly exerted unauthorized control over the apartment complex’s water heater with the intent to deprive the apartments of any part of its value or use. The advisory sentence imposed, with all but 60 days suspended to probation, was not inappropriate.

Opinions Oct. 15, 2012

October 15, 2012
Indiana Court of Appeals
Ted L. Cecil, Cecil Septic LLC, and Max Haas Company, LLC v. Fisk Excavating, Plumbing and Septic Services, Inc., Dennis Fisk, Dennis Fisk, Jr.,Michelle Fisk, Bob Murphy, et al. (NFP)
Miscellaneous. Affirms summary judgment in favor of Fisk Excavating and other defendants on the plaintiffs’ legal malpractice claim. Remands for determination of Gregg Morelock’s appellate attorney fees.

Opinions Oct. 12, 2012

October 12, 2012
Indiana Court of Appeals
Jeffrey Riggs and Mark Ashmann v. Mark S. Weinberger, M.D., Mark Weinberger, M.D., P.C., Merrillville Center for Advanced Surgery, LLC, and Nose and Sinus Center, LLC
Civil tort. Reaffirms original opinion in all respects, and finds that a trial court when confronted with the facts and circumstances like those in this case, may compel an involuntary psychiatric examination in accordance with Ind. Trial Rule 35. There is no requirement that the court must do so.

Opinions Oct. 11, 2012

October 11, 2012
7th Circuit Court of Appeals
Edward Jeroski, doing business as USA Cleaning Service and Building Maintenance v. Federal Mine Safety and Health Review Commission and U.S. Secretary of Labor
Agency review. Denies USA Cleaning’s petition to review the order of the Federal Mine Safety and Health Review Commission, which affirmed the denial of an application for attorney fees under the Equal Access to Justice Act. The meaning of “prevailing party” under the act does not apply to USA Cleaning, which was the subject of an order by the Federal Mine Safety and Health Administration that was later dropped.

Opinions Oct. 10, 2012

October 10, 2012
7th Circuit Court of Appeals
Charles R. Kastner v. Michael J. Astrue, Commissioner of Social Security
U.S. District Court, Southern District of Indiana, Evansville Division, Magistrate Judge William G. Hussmann Jr.
Civil. Reverses denial of disability benefits, finding the administrative law judge did not adequately explain why Kastner had not met the requirements for a presumptive disability. Remands for further proceedings.

Opinions Oct. 9, 2012

October 9, 2012
Indiana Court of Appeals
Ralph Jennings d/b/a A Cut Above Tree Service v. Terrance Kinnard (NFP)
Collections. Reverses and remands trial court’s grant of relief to Kinnard from a default judgment of $4,189.22 for the plaintiff.

Opinions Oct. 5, 2012

October 5, 2012
Indiana Court of Appeals
Heartland Crossing Foundation, Inc. v. Chris M. Dotlich
Small claims. Affirms judgment in favor of Dotlich on a breach of contract claim, holding that the trial court did not err in rejecting Heartland’s claim for attorney fees assessed on the late payment of homeowner association dues. The trial court had called an “administrative fee” assessed to Dotlich “nothing more than an abusive junk fee.”

Opinions Oct. 4, 2012

October 4, 2012
7th Circuit Court of Appeals
Angelina Povey v. City of Jeffersonville, Indiana
U.S. District Court, Southern District of Indiana, New Albany Division, Judge Richard L. Young.
Civil. Affirms summary judgment for the city on Povey’s claim that her termination of employment by the city animal shelter violated the Americans with Disabilities Act and on her retaliation claim. Povey failed to meet her burden to demonstrate that she was disabled under the ADA and is not protected by its provisions.

Opinions Oct. 3, 2012

October 3, 2012
Indiana Court of Appeals
Steven B. Steele v. State of Indiana
Criminal. Affirms denial of motion to suppress. Evidence Rule 617 does not apply in this case because the police officer’s interrogation of Steele did not occur in a place of detention. The rule also does not explicitly or implicitly impose an affirmative duty on law enforcement officers to transport a person to a place of detention before conducting a custodial interrogation.

Opinions Oct. 2, 2012

October 2, 2012
Indiana Court of Appeals
Moise Joseph v. State of Indiana
Criminal. Reverses convictions of Class A felony burglary resulting in serious bodily injury, Class B felony attempted armed robbery and Class B felony criminal confinement. The trial court abused its discretion in admitting Joseph’s statements to the police detective.

Opinions Oct. 1, 2012

October 1, 2012
Indiana Court of Appeals
Scott F. West v. State of Indiana
Criminal. Orders discharge of marijuana charges because West was held to answer those charges for more than a year without a trial date while a motion to suppress awaited a ruling. West did not request an indefinite continuance such that he needed to notify the court that he wished to proceed to trial.

Opinions Sept. 28, 2012

September 28, 2012
Indiana Court of Appeals
Steven Duncan v. State of Indiana
Criminal. Affirms in part and reverses in part six convictions of Class A misdemeanor cruelty to an animal. Duncan did not knowingly waive his right to a jury trial because the court did not fully advise him of his rights and obligations. Finds the animal cruelty statute is not vague as applied to him and there was sufficient evidence to overcome a defense of necessity. Remands for a jury trial.

Opinions Sept. 27, 2012

September 27, 2012
Indiana Court of Appeals
John Jorman, Jr. v. Review Board of the Indiana Dept. of Workforce Development, et al. (NFP)
Agency action. Affirms suspension of unemployment benefits.

Opinions Sept. 26, 2012

September 26, 2012
7th Circuit Court of Appeals
Sandra M. Bontrager, on her own behalf and on behalf of a class of those similarly situated v. Indiana Family and Social Services Administration, Michael A. Gargano and Patricia Casanova
U.S. District Court, Northern District of Indiana, South Bend Division, Chief Judge Philip P. Simon.
Civil. Affirms grant of Bontrager’s request for a preliminary injunction in her putative class-action complaint challenging Indiana’s $1,000 annual limit for dental services covered by Medicaid. The state is required to cover all medically necessary dental services, irrespective of the monetary cap.

Opinions Sept. 25, 2012

September 25, 2012
Indiana Court of Appeals
Charles Hall v. State of Indiana
Criminal. Affirms conviction and aggregate 24-year sentence for convictions of dealing in methamphetamine, possession of precursors, operating a vehicle after a lifetime suspension, and resisting law enforcement. The court held that a search of the vehicle that Hall fled after leading police on a chase did not implicate the Fourth Amendment and that the sentence was not inappropriate given Hall’s dangerous conduct and long record of driving and drug convictions.

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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.