Opinions

Opinions Jan. 26, 2015

January 26, 2015
Indiana Court of Appeals
Curt Pearman d/b/a Greenwood Professional Park v. T. Ryan Jackson and Kristin M. Jackson
41A04-1408-CC-381
Civil collection. Affirms granting of partial summary judgment in favor of the Jacksons. Finds the Jacksons did not breach the terms of their lease agreement when they moved from their office five months after their initial three-year lease expired. Ruled the “clear and unambiguous terms of the lease agreement” allowed the Jacksons to continue to occupy the space on a monthly basis without having to sign another three-year lease.
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Opinions Jan. 23, 2015

January 23, 2015
7th Circuit Court of Appeals
Visteon Corp. v. National Union Fire Insurance Company of Pittsburgh, Pa.
14-2725
Chief Judge Richard Young, U.S. District Court for the Southern District of Indiana, Indianapolis Division.
Affirms judgment in favor of National Union on its denial of coverage for toxic chemical pollution at a Connersville Visteon auto parts factory that also contaminated neighboring properties. The District Court properly applied Michigan law, holding that Visteon was not entitled to coverage and dismissed the case. 
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Opinions Jan. 22, 2015

January 22, 2015
Indiana Supreme Court
Jason Young v. Hood's Gardens, Inc.
29S02-1405-PL-314
Civil plenary.  Reverses summary judgment in favor of Hood’s Gardens that it had no secondary liability to pay workers’ compensation benefits to Jason Young, who was severely injured while removing a tree from Hood’s Gardens’ property. The "value" that triggers secondary liability under Indiana Code 22-3-2-14(b) may include the value of other property transferred in connection with the performance of services and the designated evidence shows that the contract Hood’s Gardens entered into with the tree removal company may have been more than $1,000 once the value of firewood is considered.
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Opinions Jan. 21, 2015

January 21, 2015
Indiana Court of Appeals
Sandra Elaine Lappin v. Anthony Alex Timmerman (NFP)
86A03-1407-PL-229
Civil plenary. Reverses summary judgment in favor of Timmerman on his motion to dismiss Lappin’s complaint that he not be allowed to participate in an HVAC business in violation of the parties’ covenant not to compete. Remands for further proceedings.
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Opinions Jan. 20, 2015

January 20, 2015
Indiana Court of Appeals
Jeri Good v. Indiana Teachers Retirement Fund
25A03-1408-MI-278
Miscellaneous. Affirms determination that Good was entitled to only six months of retroactive benefits from the Indiana Public Retirement System instead of a full year as Good sought. Indiana law limits an INPRS member to six months of retroactive retirement benefits. Rejects Good’s claims that she is entitled to additional retroactive benefits based on the theories of equitable estoppel, unjust enrichment and breach of fiduciary duty.
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Opinions Jan. 19, 2015

January 19, 2015
The state and federal courts are closed Monday in observance of Martin Luther King Jr. Day.
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Opinions Jan. 16, 2015

January 16, 2015
Indiana Supreme Court
Jeffrey A. Cleary v. State of Indiana
45S03-1404-CR-295
Criminal. Affirms multiple convictions and a 14-year sentence in a fatal drunken-driving crash imposed when Cleary was retried after a first jury deadlocked on greater criminal charges and convicted Cleary on misdemeanor and infraction counts. Justices found no statutory or constitutional double-jeopardy violations.
 
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Opinions Jan. 15, 2014

January 15, 2015
Indiana Court of Appeals
David Paul Brown v. State of Indiana
32A01-1405-CR-194
Criminal. Affirms conviction of Class D felony theft. Finds trial counsel was not ineffective for failing to object to a portion of Brown’s videotaped interview with a detective as hearsay and for not tendering a jury instruction on criminal conversion as a lesser-included offense.
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Opinions Jan. 14, 2015

January 14, 2015
7th Circuit Court of Appeals
United States of America v. Dwan Rashid Taylor
14-1981
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane E. Magnus-Stinson.
Criminal. Affirms denial of motion to suppress drugs and guns found by police in Taylor’s storage locker pursuant to a search warrant. The police learned of the storage location using a GPS unit that it attached to Taylor’s car without a warrant in 2011, a year before the Supreme Court of the United States held that attaching a GPS device to a car for purposes of gathering information was a search under the Fourth Amendment. Because the officers used the GPS monitor in objectively reasonable reliance on binding appellate precedent in effect at that time, the suppression motion was properly denied.
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Opinions Jan. 13, 2015

January 13, 2015
Indiana Court of Appeals
Thrasher Buschmann & Voelkel, P.C. v. Adpoint, Inc., Joel Hall, and Mary Hall
49A02-1406-CC-430
Collections. Affirms trial court denial of Thrasher Buschmann & Voelkel’s motion for summary judgment and reverses the grant of Adpoint’s motion for summary judgment and order that the amount of legal fees owed by Adpoint to the law firm was $11,085.50. The court erred in granting summary judgment to Adpoint based on res judicata and collateral estoppel. Remands to the trial court to determine the amount Adpoint owes TBV for its representation in underlying litigation.
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Opinions Jan. 12, 2015

January 12, 2015
Indiana Court of Appeals
David Anderson, Comm., Joe Wray, Comm., and Board of Trustees, Brown Co. Fire. Prot. Dist. v. Susanne Gaudin, Janet Kramer, And Ruth Reichmann
07A01-1406-PL-265
Civil plenary. Affirms trial court order invalidating the Brown County commissioners’ amendment of an ordinance creating a countywide fire district. In creating the district, the commissioners expressly granted it and its board of trustees the powers and authority enumerated in the ordinance, thereby relinquishing power to amend the ordinance.
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Opinions Jan. 9, 2015

January 9, 2015
Indiana Court of Appeals
Jerome Sheckles v. State of Indiana
10A04-1405-CR-204
Criminal. Affirms conviction of Class A felony dealing in cocaine and adjudication of Sheckles as a habitual substance offender. Sheckles was not deprived of his right to a speedy trial under Criminal Rule 4(C), the trial court did not err when it denied Sheckles’ request for disclosure of a confidential informant’s identity, nor were Sheckles’ confrontation rights violated. The trial court did not abuse its discretion when it admitted into evidence a police video recording of the controlled buy.
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Opinions Jan. 8, 2015

January 8, 2015
7th Circuit Court of Appeals
Daniel P. Minnick v. Carolyn W. Colvin, acting commissioner of Social Security
13-3626
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Joseph S. Van Bokkelen.
Civil. Reverses judgment of the District Court upholding the acting commissioner’s decision to deny benefits to Minnick and remands for further proceedings. The administrative law judge did not fully develop the record before drawing any conclusions and did not adequately articulate her analysis so that the appellate court could follow her reasoning.
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Opinions Jan. 7, 2015

January 7, 2015
Indiana Court of Appeals
In the Matter of the Mental Health Proceedings of B.M. v. Indiana University Health Hospital
53A04-1405-MH-210
Mental health. Affirms order involuntarily committing B.M. to a mental health facility. The trial court’s finding that B.M. is a danger to others is supported by sufficient evidence. Judge Riley dissents with opinion.
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Opinions Jan. 6, 2015

January 6, 2015
Indiana Supreme Court
Fishers Adolescent Catholic Enrichment Society, Inc. v. Elizabeth Bridgewater o/b/o Alyssa Bridgewater
93S02-1310-EX-704
Civil. Vacates the final order from the Indiana Civil Rights Commission regarding a dispute over a dinner menu. The commission had found that the Fishers Adolescent Catholic Enrichment Society Inc. did not discriminate against Bridgewater when it did not provide a special meal for her daughter who suffered from food allergies. However, the commission did rule that FACES did commit an unlawful discriminatory practice when it expelled the Bridgewater family from the group after they filed the disability discrimination complaint. The Supreme Court concluded because the activities of FACES fell outside education, the commission lacked the statutory authority to take any action other than the dismissal of these claims. Remands with instructions to grant the motion to dismiss filed by FACES on both claims. Justice Robert Rucker dissented, maintaining the commission does have the authority to act on the retaliation claim.
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Opinions Jan. 5, 2015

January 5, 2015
7th Circuit Court of Appeals
State Farm Life Insurance Co. v. Troy Jonas et al.
14-1464
Civil tort. Vacates judgment of District Court and remands with instructions to dismiss for lack of subject-matter jurisdiction. Finds no justiciable controversy existed when Jonas filed his lawsuit against State Farm. Concluded that the disputes about the rate of interest and whether the insurance company must pay the attorney fees that Jonas has incurred in this litigation do not retroactively create jurisdiction.
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Opinions Dec. 31, 2014

December 31, 2014
Indiana Court Appeals
Alfredo D. Rodriguez, as Permanent Guardian of the Person and Estate of Miriam Rodriguez, and Alfredo D. Rodriguez, Individually v. United States Steel Corporation
45A04-1407-CT-350
Civil tort. Affirms summary judgment in favor of U.S. Steel on Alfredo Rodriguez’s negligence claim. Miriam Rodriguez was injured in an auto accident caused by an employee of U.S. Steel as he drove home from work. U.S. Steel did not owe Miriam Rodriguez a duty of reasonable care.
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Opinions Dec. 30, 2014

December 30, 2014
Indiana Court of Appeals
Jeffrey Hewitt v. Westfield Washington School Corp; Board of School Trusties of Westfield Washington School Corp. et al.
29A04-1403-PL-130
Civil plenary. Reverses grant of summary judgment in favor of Westfield Washington School Corp. and related defendants, holding they had not met the onerous burden of showing there are no issues of material fact entitling them to judgment as a matter of law. Hewitt, a former school principal, was fired for a sexual relationship with a teacher he supervised. He then sued the school system for breach of contract and denial of due process. His suit is remanded for further proceedings.
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Opinions Dec. 29, 2014

December 29, 2014
Indiana Court of Appeals
Charles P. White v. State of Indiana

29A05-1312-PC-641
Post conviction. Affirms White’s convictions for perjury, voting in the wrong precinct and theft. Finds White was convicted twice for the same actions in violation of double jeopardy. Reverses White’s other convictions for perjury and voting in the wrong precinct as well as another perjury conviction for putting the wrong address on his marriage license application. Remands with instructions that the trial court vacate those three convictions. Concludes White’s attorney, Carl Brizzi, was not ineffective. Holds White’s sentence to one-year of home detention remains.
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Opinions Dec. 24, 2014

December 24, 2014
Indiana Court of Appeals
Lloyd G. Perry v. Anonymous Physican 1, Alias Medical Group 1, Inc., Anonymous Physican 2, et al.
02A03-1401-CT-43
Civil Tort. Affirms summary judgment in favor of healthcare providers. Finds Perry did not submit expert testimony as required by court rules to support his medical malpractice claim.  
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Opinions Dec. 23, 2014

December 23, 2014
Indiana Supreme Court
In Re the Adoption of B.C.H.
41S04-1408-AD-515
Adoption. Vacates the trial court’s decision to grant stepfather’s petition to adopt B.C.H. and remands for a hearing on the child’s best interests in the adoption and other proceedings consistent with this opinion. At this hearing, the grandparents, who had primary custody of B.C.H. for the first four years of her life, shall be given the opportunity to give or withhold consent to the child’s adoption. They were not served with legal notice of the adoption.
 
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Opinions Dec. 22, 2014

December 22, 2014
7th Circuit Court of Appeals
United States of America v. Milford J. Clark
12-1417
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Criminal. Affirms conviction for bank robbery. Clark was not deprived of his Sixth Amendment right to proceed pro se. Any errors in admission of evidence were harmless since Clark met the physical description of the robber and his DNA was found at the bank.
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Opinions Dec. 19, 2014

December 19, 2014
Indiana Court of Appeals
Christopher Duncan v. State of Indiana
09A05-1312-CR-613
Criminal. Reverses conviction of identity deception because the state did not prove that the name and birth date Duncan falsely gave to police belonged to a real person. Remands with instructions to vacate that conviction and sentence as well as the conviction and sentence for Class D felony pointing a firearm because of double jeopardy principles. Also remands for the court to reduce his resisting law enforcement conviction to a Class A misdemeanor due to double jeopardy principles.
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Opinions Dec. 18, 2014

December 18, 2014
Indiana Supreme Court
Rodregus Morgan v. State of Indiana
49S02-1405-CR-325
Criminal. Vacates conviction of Class B misdemeanor public intoxication as the requirements for conviction under Indiana’s public intoxication statute have not been met. An objective reasonable person standard should be read into Indiana’s public intoxication statute when applying the term “annoys.” Under that reading, the statute is not unconstitutionally vague.
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Opinions Dec. 17, 2014

December 17, 2014
Indiana Supreme Court
Shawn Blount v. State of Indiana
49S02-1405-CR-338
Criminal. Affirms conviction of being a serious violent felon in possession of a firearm. A detective’s testimony that a witness identified Blount as the suspect was inadmissible hearsay, but it was a harmless error. There was no variance between the charging information and the evidence presented at trial.
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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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