Opinions

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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Opinions Oct. 20, 2016

October 20, 2016
Indiana Court of Appeals
State of Indiana v. Tyson Timbs and a 2012 Land Rover LR2
27A04-1511-MI-1976
Miscellaneous/civil forfeiture. Majority affirms trial court ruling that the forfeiture of Tyson Timbs’ 2012 Land Rover was a constitutionally excessive fine when the state sought to seize the vehicle after he was charged with two counts of Class B felony dealing in a controlled substance and one count of Class D felony conspiracy to commit theft.  Dissenting Judge Michael Barnes would reverse the trial court and grant the State’s forfeiture request.
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Opinions Oct. 19, 2016

October 19, 2016
Indiana Court of Appeals
State of Indiana v. Charles Summers
09A02-1604-MI-933
Miscellaneous. Reverses Cass Superior Court’s order granting Charles Summers’ petition to remove his name from the sex-offender registry. Finds that because Summers was under a tolling requirement in Illinois, there is no punitive burden to maintaining that requirement across state lines and that there is no ex post facto violation. Remands for further proceedings.
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  1. He TIL team,please zap this comment too since it was merely marking a scammer and not reflecting on the story. Thanks, happy Monday, keep up the fine work.

  2. You just need my social security number sent to your Gmail account to process then loan, right? Beware scammers indeed.

  3. The appellate court just said doctors can be sued for reporting child abuse. The most dangerous form of child abuse with the highest mortality rate of any form of child abuse (between 6% and 9% according to the below listed studies). Now doctors will be far less likely to report this form of dangerous child abuse in Indiana. If you want to know what this is, google the names Lacey Spears, Julie Conley (and look at what happened when uninformed judges returned that child against medical advice), Hope Ybarra, and Dixie Blanchard. Here is some really good reporting on what this allegation was: http://media.star-telegram.com/Munchausenmoms/ Here are the two research papers: http://www.sciencedirect.com/science/article/pii/0145213487900810 http://www.sciencedirect.com/science/article/pii/S0145213403000309 25% of sibling are dead in that second study. 25%!!! Unbelievable ruling. Chilling. Wrong.

  4. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  5. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

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