Opinions

Opinions Sept. 13, 2016

September 13, 2016
7th Circuit Court of Appeals
William Hinesley, III v. Wendy Knight, superintendent, Correctional Industrial Facility

15-2122
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Jane E. Magnus?Stinson, Judge.
Civil. Affirms district court’s decision to deny William Hinesley’s petition for writ of habeas corpus. Finds that Hinesley’s counsel was not ineffective in a prejudicial manner.
More

Opinions Sept. 12, 2016

September 12, 2016
Indiana Court of Appeals
Marc Lindsey v. State of Indiana (mem. dec.)
20A03-1508-CR-1086
Criminal. Affirms Marc Lindsey’s conviction of Class D felony operating a vehicle while intoxicated.
More

Opinions Sept. 9, 2016

September 9, 2016
Indiana Court of Appeals
Julie R. Waterfield v. Richard D. Waterfield
92A03-1511-PL-1968
Civil plenary. Affirms trial court’s order denying Julie R. Waterford’s request to set aside her divorce decree entered in 1997 based on the allegation of fraud committed by Richard D. Waterfield while negotiating a settlement leading to the dissolution of the marriage. Finds that Julie Waterfield failed to establish that Richard Waterfield committed fraud. Finds that Richard Waterfield is entitled to an award of attorney fees.
More

Opinions Sept. 8, 2016

September 8, 2016
Indiana Court of Appeals
Thomas A. Carpenter, et al. v. The Cincinnati Specialty Underwriters Insurance Company
33A01-1602-CT-265
Civil tort. Affirms summary judgment and declaratory judgment in favor of Cincinnati Specialty. It had no obligation to make payments under a consent judgment in which Carpenter and Cincinnati’s insured, Lovell’s Lounge, agreed Carpenter’s injuries were caused by Lovell’s Lounge’s negligence or that Lovell’s was vicariously liable for injuries Carpenter sustained when he was punched in the jaw by patron Jerry Dean Johnson. Finds the consent judgment was obtained by bad faith or collusion, collateral estoppel does not apply, and CSU is not bound by the consent judgment.
More

Opinions Sept. 7, 2016

September 7, 2016
Indiana Court of Appeals
In the Matter of: J.B., A Child in Need of Services: S.M. (Mother) v. The Indiana Department of Child Services (mem. dec.)
47A01-1604-JC-765
Juvenile CHINS. Affirms J.B.’s designation as a child in need of services.
More

Opinions Sept. 6, 2016

September 6, 2016
Indiana Court of Appeals
Brian W. Ellison v. State of Indiana (mem. dec.)
92A05-1604-CR-964
Criminal. Affirms Ellison’s designation as a credit-restricted felon. Finds sufficient evidence to support the trial court’s determination that Ellison molested A.E. on or after July 1, 2008, the effective date of the credit-restricted felon statute.
More

Opinions Sept. 2, 2016

September 2, 2016
Indiana Court of Appeals
In the Matter of the Commitment of H.F. v. Eskenazi Health/Midtown Clinic (mem. dec.)
49A02-1602-MH-335
Mental health. Affirms order for temporary involuntary civil commitment, not to exceed 90 days. 
More

Opinions Sept. 1, 2016

September 1, 2016
Indiana Supreme Court
In the Matter of: Harold E. Bean
49S00-1601-DI-2
Discipline. Disbars Bean for engaging in attorney misconduct while the elected clerk-treasurer of the town of Warren Park. He pleaded guilty to theft and official misconduct as Class D felonies after writing dozens of checks to himself from town funds.
More

Opinions Aug. 31, 2016

August 31, 2016
Indiana Court of Appeals
George P. Broadbent, and Plainfield Village, LP v. Fifth Third Bank
32A01-1602-MF-345
Mortgage foreclosure. Affirms summary judgment for the bank. The trial court properly interpreted the guaranties of the contract and applied the guaranties’ terms to calculate Broadbent’s liability.
More

Opinions Aug. 30, 2016

August 30, 2016
Indiana Court of Appeals
In re the Paternity of: L.S., Chen Su v. James Lowe (mem. dec.)
49A02-1512-JP-2196
Juvenile. Affirms order modifying custody of L.S. to sole legal custody of father, parenting time and child support.
More

Opinions Aug. 29, 2016

August 29, 2016
Indiana Supreme Court
Michael Day v. State of Indiana
24S05-1606-CR-358
Criminal. Affirms Day’s disorderly conduct conviction. Concludes that the “fighting” subsection of the disorderly conduct statute does not contain a public disturbance element but does require a physical altercation. His intentional spitting provided sufficient evidence of a physical altercation.
More

Opinions Aug. 26, 2016

August 26, 2016
Indiana Court of Appeals
Dorothy Williams v. State of Indiana
46A03-1511-CR-1913
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct. Finds the state’s impairment of Williams’ speech was constitutional because it was rational and her speech was politically ambiguous for purposes of an Article I, Section 9 affirmative defense.
More

Opinions Aug. 25, 2016

August 25, 2016
Indiana Court of Appeals
In re the Scott David Hurwich 1986 Irrevocable Trust Scott D. Hurwich v. Stacey R. MacDonald
71A03-1602-TR-301
Trust. Reverses the probate court’s order dismissing Hurwich’s complaint. Hurwich’s appeal was timely filed and dismissal of his complaint was not appropriate. Specific factual support is not required under Indiana Trial Rule 8(A) as factual specifics may not be available until discovery is made.
More

Opinions Aug. 24, 2016

August 24, 2016
Indiana Court of Appeals
Christopher Compton v. State of Indiana
82A01-1511-CR-1997
Criminal. Affirms conviction of three counts of felony murder and the finding that Compton is a habitual offender. The trial court did not deprive Compton of due process when it allowed the media to tweet live updates of his trial from the courtroom, nor did it err in admitting evidence of Compton’s incriminatory statements. Calls for guidance on social media use during criminal trials.
More

Opinions Aug. 23, 2016

August 23, 2016

Indiana Supreme Court
Kristy Burnell v. State of Indiana
29S02-1512-CR-707
Criminal. Affirms trial court decision to not terminate license suspension. Holds a refusal to submit to a chemical test occurs when the conduct of the motorist is such that a reasonable person in the officer’s position would be justified in believing the motorist was capable of refusal and manifested an unwillingness to submit to the test. Burnell has the burden of demonstrating the evidence shows her license suspension by the BMV should be overturned, and she did not carry this burden.

More

Opinions Aug. 22, 2016

August 22, 2016
Indiana Court of Appeals
Douglas M. Curtis v. State of Indiana
49A02-1512-CR-2293
Criminal. Reverses conviction of Class A misdemeanor criminal trespass. Because the apartment complex where Curtis had been living with his father provided him a 48-hour grace period to remove his property and Curtis was arrested while in the process of gathering his personal belongings, there was insufficient evidence to support the conviction.
More

Opinions Aug. 19, 2016

August 19, 2016
Indiana Court of Appeals
Amir Basic and Gerard Arthus v. Numan A. Amouri, Mohamad H. Mohajeri, Mohammad Aslam Chaudhry, Adnan Khan, Imdad Zackariya, Mohammad Sirajuddin, Sarah Shaikh, Aijaz Shaikh, Ismail Al-Ani, et al.
71A03-1510-PL-1820
Civil plenary. Affirms trial court findings that it lacked subject matter jurisdiction, appellants lacked standing and its decision to quash certain subpoenas in a dispute brought against the imam of the Islamic Society of Michiana Inc., by a Amir Basic, a member of the board of directors and trustees, after he was removed. Finds Basic and Gerard Arthus acted in procedural bad faith. Grants appellees’ request for damages and remands to the trial court for a determination of those damages.
More

Opinions Aug. 18, 2016

August 18, 2016
Indiana Court of Appeals
J.B. Hunt Transport, Inc., and Terry L. Brown, Jr. v. The Guardianship of Kristen Zak
45A03-1506-CT-670
Civil tort. Affirms jury verdict in favor of the guardianship of Kristen Zak on the guardianship’s negligence claim. Zak’s vehicle slid on snowy conditions on I-65 and crashed into a J.B. Hunt semi that had jackknifed an hour prior. Finds there were multiple questions of fact that needed to be answered by a jury and there is no basis on which to second-guess the jury. There are also no questions of law warranting reversal.
More

Opinions Aug. 17, 2016

August 17, 2016
Indiana Court of Appeals
Robert Weathers v. State of Indiana
49A04-1601-CR-3
Criminal. Affirms Level 5 felony possession of a handgun without a license conviction. The trial court did not abuse its discretion in admitting the handgun at trial, which was found after a warrantless inventory search of Weathers’ vehicle after he was stopped and arrested for driving without a license.
More

Opinions Aug. 16, 2016

August 16, 2016
Indiana Supreme Court
In Re the Involuntary Termination of the Parent-Child Relationship of R.S., (Minor Child), and R.S. (Father) v. Marion County Department of Child Services and Child Advocates, Inc.
49S04-1606-JT-350
Juvenile. Reverses termination of father’s parental rights. The trial court’s findings do not clearly and convincingly support its conclusion that termination of father’s parental rights is in the best interests of the son.
More

Opinions Aug. 15, 2016

August 15, 2016
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Friday:
United States of America v. Darrell L. Duncan
15-3485
Appeal from U.S. District Court, Northern District of Indiana, South Bend Division. Judge Robert L. Miller Jr.
Criminal. Holds that a conviction for robbery under the Indiana statute qualifies under the still-valid elements clause of the Armed Career Criminal Act definition of violent felony. Robbery by placing a person in fear of bodily injury under Indiana law involves an explicit or implicit threat of physical force and therefore qualifies as a violent felony under 18 U.S.C. Section 924(e)(2)(B)(i.)
More

Opinions Aug. 12, 2016

August 12, 2016
Indiana Court of Appeals
Bryan Modglin v. State of Indiana (mem. dec.)
18A02-1512-CR-2113
Criminal. Affirms convictions of Class A felony attempted murder, Class C felony battery resulting in serious bodily injury, Class D felony battery resulting in bodily injury and Class A misdemeanor battery.
More

Opinions Aug. 11, 2016

August 11, 2016
The following opinions were posted after IL deadline Wednesday:
7th Circuit Court of Appeals

Alphonse D. Owens v. LVNV Funding, LLC; Joshua Birtchman v. LVNV Funding LLC, et al.
15-2044, 15-2082, 15-2109
Appeal from U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.
Civil. Affirms in the three cases the District Court’s grant of the defendant debt collector’s motion to dismiss lawsuits alleging that the act of filing a proof of claim on a stale debt violates the Fair Debt Collection Practices Act. The plaintiffs had not stated claims for relief under the Act. Chief Judge Diane Wood dissents.
More

Opinions Aug. 10, 2016

August 10, 2016
Indiana Court of Appeals
Peter Aghimien and Mable Aghimien v. Mark Fox (mem. dec.)
71A03-1602-CT-291
Civil tort. Affirms denial of the Aghimiens’ motion for summary judgment and the grant of Fox’s motion for summary judgment on the Aghimiens’ lawsuit claiming defamation, tortious interference with a business relationship, intentional infliction of emotional distress and loss of consortium.
 

More

Opinions Aug. 9, 2016

August 9, 2016
Indiana Court of Appeals
Edgardo A. Henriquez v. State of Indiana
20A04-1510-CR-1841
Criminal. Majority affirms Edgardo A. Henriquez’s conviction and 30-year executed sentence for Class A felony child molesting, finding that he was not harmed by the trial court’s failure to advise him of his earliest and latest possible release dates pursuant to Indiana Code 35-38-1-1(b).Urges the Legislature to revisit the statute which the panel found imposes an impracticable burden on trial courts. Judge John Baker dissents and would affirm the conviction and remand to the trial court to include the statutorily required advisement in a new sentencing order.
More
Page  << 1 2 3 4 5 6 7 8 9 10 >> pager
Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

  2. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

  3. Low energy. Next!

  4. Had William Pryor made such provocative statements as a candidate for the Indiana bar he could have been blackballed as I have documented elsewhere on this ezine. That would have solved this huuuge problem for the Left and abortion industry the good old boy (and even girl) Indiana way. Note that Diane Sykes could have made a huuge difference, but she chose to look away like most all jurists who should certainly recognize a blatantly unconstitutional system when filed on their docket. See footnotes 1 & 2 here: http://caselaw.findlaw.com/us-7th-circuit/1592921.html Sykes and Kanne could have applied a well established exception to Rooker Feldman, but instead seemingly decided that was not available to conservative whistleblowers, it would seem. Just a loss and two nice footnotes to numb the pain. A few short years later Sykes ruled the very opposite on the RF question, just as she had ruled the very opposite on RF a few short years before. Indy and the abortion industry wanted me on the ground ... they got it. Thank God Alabama is not so corrupted! MAGA!!!

  5. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

ADVERTISEMENT