Opinions

Opinions Dec. 2, 2016

December 2, 2016
Indiana Court of Appeals
First American Title Insurance v. Stephen W. Robertson, Insurance Commissioner of the state of Indiana, in his official capacity, on behalf of the Indiana Department of Insurance
49A05-1512-PL-2309
Civil plenary. Affirms the Marion Superior Court’s dismissal of First American Title Insurance Co.’s complaint against Stephen Robertson, in his official capacity as Indiana insurance commissioner. Finds that the trial court properly granted IDOI’s motion to dismiss because FATIC’s claims are barred by res judicata.
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Opinions Dec. 1, 2016

December 1, 2016
Corey Middleton v. State of Indiana
32A01-1603-PC-592
Post conviction. Affirms denial of petition for post-conviction relief. While Corey Middleton’s defense attorney used the word ‘Negro’ to describe him during voir dire, the offending language does not entitle him to post-conviction relief because of the considerable evidence against him that led to his conviction and 40-year sentence on drug and gun charges. Middleton was also not entitled to PCR when his attorney, who has since been disbarred, failed to inform him of a plea agreement that Middleton said he would have accepted or on other grounds.
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Opinions Nov. 30, 2016

November 30, 2016
Indiana Court of Appeals
Mark Vinup v. Joe's Construction, LLC and Joe Getz and Property-Owners Insurance Company v. Joe's Construction, LLC and Joe Getz
58A04-1602-CT-502
Civil tort. Affirms the Ohio Circuit Court’s grant of summary judgment in favor of Property-Owners Insurance Co. and Joe’s Construction. Finds that Mark Vinup failed to establish that a genuine issue of material fact exists on the issue of whether his status was that of an employee at the time he was injured. Also finds that under the plain language of the policy, Vinup was not a temporary worker, and the trial court did not err when it granted Property-Owners’ motion for summary judgment.
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Opinions Nov. 29, 2016

November 29, 2016
Indiana Supreme Court
Mary Osborne v. State of Indiana
29S02-1608-CR-433
Criminal. Reverses trial court’s denial of Mary Osborne’s motion to suppress. Finds that although the police officer who stopped Osborne was prompted by a genuine desire to serve and protect, under the circumstances, those actions constituted an improper intrusion upon Osborne’s constitutional privileges against unreasonable search and seizure.
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Opinions Nov. 28, 2016

November 28, 2016
Indiana Tax Court
The University of Phoenix, Inc. v. Indiana Department of Revenue
49T10-1411-TA-65    
Tax. Denies the Indiana Department of State Revenue’s motion for protective order. Finds that the University of Phoenix’s request to depose Michael Alley, former department commissioner, is not vexatious.
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Opinions Nov. 23, 2016

November 23, 2016
Indiana Court of Appeals
In the Matter of the Commitment of M.E. v. Department of Veterans Affairs
27A02-1605-MH-987
Mental health. Reverses the involuntary commitment of M.E. Finds that M.E. did not receive appropriate notice, that his waiver was invalid and that Veterans Affairs did not carry its burden of proof with respect to the elements of dangerousness and grave disability. Remands with instructions to vacate the order of involuntary commitment.

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Opinions Nov. 22, 2016

November 22, 2016
Indiana Court of Appeals
C.V. v. C.R.
45A03-1606-PO-1282
Protective order. Reverses protective order issued against C.V. and remands with instructions to vacate the protective order because C.R. did not produce sufficient evidence he stalked her and that a protective order was warranted.
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Opinions Nov. 18, 2016

November 18, 2016
Indiana Court of Appeals
Jane E. Wilson, M.D., and IU Medical Group v. Tyler Lawless b/n/f Mindy R. Lawless
49A05-1511-CT-1814
Civil tort. Affirms the Marion Superior Court’s judgment in favor of Tyler Lawless on a complaint for damages filed by Tyler’s mother, Mindy Lawless, as Tyler’s next friend. Finds that Mindy Lawless’ failure to immediately bring Tyler to see a doctor after he developed flank pain did not constitute an intervening cause of Tyler’s injury.
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Opinions Nov. 17, 2016

November 17, 2016
Indiana Court of Appeals
Gabriel G. Williams v. State of Indiana
71A03-1604-CR-975
Criminal. Affirms Gabriel Williams’ conviction of Level 5 felony criminal recklessness. Finds the bullet lodged in the side of a house fired from Williams’ gun constitutes “into” the dwelling for purposes of the statute.
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Opinions Nov. 16, 2016

November 16, 2016
Indiana Supreme Court
ESPN and Paula Lavigne v. University of Notre Dame Police Department
71S05-1606-MI-359  
Miscellaneous. Affirms trial court dismisall of ESPN’s suit that sought records from the Notre Dame Police Department of incidents involving student athletes.
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Opinions Nov. 15, 2016

November 15, 2016
Indiana Court of Appeals
Marco A. Galindo v. State of Indiana
32A05-1607-CR-1541
Criminal. Affirms Marco Galindo’s conviction of felony murder. Finds that the Hendricks Circuit Court did not abuse its discretion when it refused to instruct the jury on involuntary manslaughter.
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Opinions Nov. 14, 2016

November 14, 2016
Indiana Court of Appeals
William McNeal v. State of Indiana
49A05-1604-CR-838
Criminal. Affirms William McNeal’s conviction of Level 5 felony possession of cocaine. Finds that the Marion Superior Court did not abuse its discretion by admitting evidence that McNeal claims was obtained in violation of his rights pursuant to the Fourth Amendment and Article 1, Section 11 of the Indiana Constitution.
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Opinions Nov. 10, 2016

November 10, 2016
Indiana Court of Appeals
In re the Termination of the Parent-Child Relationship of A.W. and G.S.: H.S. (Mother) v. The Indiana Department of Child Services
54A01-1604-JT-1090
Juvenile termination of parental rights. Reverses Montgomery Circuit Court’s order terminating H.S.’s rights to her children, A.W. and G.A.S. Finds that the trial court’s decision to terminate H.S.’s rights knowing she will be living with G.A.S. is incongruous with and antithetical to the finding that the conditions that resulted in the removal of A.W. and G.A.S. will not be remedied.
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Opinions Nov. 9, 2016

November 9, 2016
The following Indiana Tax Court opinion was posted after IL deadline Monday:
Indiana Department of State Revenue, Inheritance Tax Division v. The Estate of Orville J. Rauch
49T10-1207-TA-38
Tax. Affirms the Jasper Circuit Court’s order determining the inheritance liability of the Estate of Orville J. Rauch. Finds that Rauch had an in loco parentis relationship with Robert and Claudia Wandless
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Opinions Nov. 7, 2016

November 7, 2016
The following Indiana Tax Court opinion was posted after IL deadline Friday:
Monroe County Assessor v. SCP 2007-C-26-002, LLC a/k/a CVS 3195-02
49T10-1509-TA-29
Tax. Affirms Indiana Board of Tax Review’s finding that CVS’ appraisals of a Bloomington store location are more credible than the Monroe County Assessor’s assessments between 2009 and 2013. Holds that Tax Court rulings in previous similar cases were decided correctly.
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Opinions Nov. 4, 2016

November 4, 2016
Indiana Court of Appeals
Mickel Thacker v. State of Indiana
49A02-1510-CR-1563
Criminal. Affirms Mickel Thacker’s conviction of Level 6 felony auto theft and Class A misdemeanor resisting law enforcement. Finds that the evidence was sufficient to prove Thacker knowingly or intentionally exerted unauthorized control over a stolen vehicle and resisted law enforcement.
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Opinions Nov. 3, 2016

November 3, 2016
Indiana Court of Appeals
Momar, Inc. v. Watcon, Inc. (mem. dec.)
71A03-1603-PL-621
Civil plenary. Affirms St. Joseph Superior Court’s grant of a preliminary injunction enjoining Momar Inc. from aiding its employee, Michael Janowiak, in soliciting orders from customers of Watcon Inc., from accepting orders from Watcon customers whose business Momar had previously solicited with aid from Janowiak, and from using or divulging any of Watcon’s confidential information.
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Opinions Nov. 2, 2016

November 2, 2016
Indiana Court of Appeals
David McCollough v. Noblesville Schools and Jeff Bryant
29A02-1512-CT-2181
Civil tort. Affirms on interlocutory appeal the denial of summary judgment to Noblesville Schools and Jeff Bryant on ex-basketball coach David McCollough’s defamation claim. Affirms summary judgment in favor of the defendants on McCollough’s other claims of intentional infliction of emotional distress, negligence, breach of contract, and tortious interference with a contract/business relationship.
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Opinions Nov. 1, 2016

November 1, 2016
7th Circuit Court of Appeals
United States of America v. Deandre Armour
15-2170
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Criminal. Affirms Deandre Armour’s conviction for aiding and abetting using or carrying and/or brandishing a firearm during and in relation to a crime of violence but vacates the sentence on that count and remands for resentencing. Affirms the district court’s decision to sentence Armour as a career offender.
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Opinions Oct. 31, 2016

October 31, 2016
Indiana Court of Appeals
Justin S. Johnson v. State of Indiana
28A05-1602-CR-309
Criminal. Reverses Greene Superior Court decision to revoke Justin Johnson’s home detention and instead sentence him to seven years in the Department of Corrections. Remands with instructions to place Johnson in on work release.
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Opinions Oct. 28, 2016

October 28, 2016
Indiana Court of Appeals
Jennifer R. Quinn v. Daniel P. Quinn
49A02-1509-DR-1321
Domestic relation. Affirms Marion Superior Court order awarding custody of Jennifer and Daniel Quinn’s son to Daniel Quinn. Finds that the trial court did not abuse its discretion in calculating child support. Finds that the trial court abused its discretion in distributing the Quinn’s property because it did not include the value of all of the assets in the marital pot. Remands with instructions to the trial court to redistribute the Quinn’s property without a hearing.
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Opinions Oct. 27, 2016

October 27, 2016
7th Circuit Court of Appeals
Chance T. Kelham v. CSX Transportation, Inc.
16-1544
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Magistrate Judge Andrew P. Rodovich.
Civil. Affirms jury finding in favor of CSX Transportation Inc. Finds that Chance Kelham’s back pain existed before his on-the-job fall.
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Opinions Oct. 26, 2016

October 26, 2016
Indiana Supreme Court
F. John Rogers, as Personal Representative of Paul Michalik, Deceased, and R. David Boyer, Trustee of the Bankruptcy Estate of Jerry Lee Chambers v. Angela Martin and Brian Paul Brothers
02S05-1603-CT-114
Civil tort. Reverses summary judgment in favor of Angela Martin on the negligence claim brought by Michalik’s estate. Affirms summary judgment in favor of Martin on the Dram Shop Act claim.
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Opinions Oct. 25, 2016

October 25, 2016

Indiana Supreme Court
In the Matter of: Terry Lee Smith
91S00-1603-DI-136
Disciplinary. Enters judgment in favor of Terry Lee Smith. Finds that the Indiana Supreme Court Disciplinary Commission failed to meet its burden of proving by clear and convincing evidence that Smith violated Indiana Professional Conduct Rule 8.4(d).

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Opinions Oct. 21, 2016

October 21, 2016
Indiana Supreme Court
Mary K. Patchett v. Ashley N. Lee
29S04-1610-CT-549
Civil tort. Finds on interlocutory appeal that the ruling in Stanley v. Walker, 906 N.E.2d 852 (Ind. 2009), permitting defendants in a personal injury lawsuit to introduce discounted reimbursements negotiated between the plaintiff’s medical providers and his private health insurer, so long as insurance is not referenced, also applies to reimbursements by government payers.
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  1. 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.

  2. GMA Ranger, I, too, was warned against posting on how the Ind govt was attempting to destroy me professionally, and visit great costs and even destitution upon my family through their processing. No doubt the discussion in Indy today is likely how to ban me from this site (I expect I soon will be), just as they have banned me from emailing them at the BLE and Office of Bar Admission and ADA coordinator -- or, if that fails, whether they can file a complaint against my Kansas or SCOTUS law license for telling just how they operate and offering all of my files over the past decade to any of good will. The elitist insiders running the Hoosier social control mechanisms realize that knowledge and a unified response will be the end of their unjust reign. They fear exposure and accountability. I was banned for life from the Indiana bar for questioning government processing, that is, for being a whistleblower. Hoosier whistleblowers suffer much. I have no doubt, Gma Ranger, of what you report. They fear us, but realize as long as they keep us in fear of them, they can control us. Kinda like the kids' show Ants. Tyrannical governments the world over are being shaken by empowered citizens. Hoosiers dealing with The Capitol are often dealing with tyranny. Time to rise up: https://www.theguardian.com/technology/2017/jan/17/governments-struggling-to-retain-trust-of-citizens-global-survey-finds Back to the Founders! MAGA!

  3. Science is showing us the root of addiction is the lack of connection (with people). Criminalizing people who are lonely is a gross misinterpretation of what data is revealing and the approach we must take to combat mental health. Harsher crimes from drug dealers? where there is a demand there is a market, so make it legal and encourage these citizens to be functioning members of a society with competitive market opportunities. Legalize are "drugs" and quit wasting tax payer dollars on frivolous incarceration. The system is destroying lives and doing it in the name of privatized profits. To demonize loneliness and destroy lives in the land of opportunity is not freedom.

  4. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  5. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

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