Opinions June 27, 2017

June 27, 2017
Indiana Court of Appeals
In the Matter of the Civil Commitment of: M.L. v. Eskenazi Health/Midtown Mental Health CMHC
Mental health.  Majority affirms in part, reverses in part and remands with instructions the trial court’s grant of Eskenazi’s request for temporary commitment. A special condition prohibiting M.L. from consuming alcohol or drugs not prescribed by a doctor was not sufficiently supported by the evidence. The trial court is instructed to strike the special condition from the order of commitment. Judge Cale Bradford dissents and would affirm the trial court. Denies Eskenazi’s “remarkable” request for appellate attorney fees from the Marion County Public Defender Agency.

Opinions, June 26, 2017

June 26, 2017
Indiana Court of Appeals
Travis L. Woodruff v. State of Indiana
Criminal. Affirms the sentencing enhancements of 15 years for being a habitual offender and 10 years for using a firearm. Finds the double enhancements were not applied to the same proof of an “uninterrupted transaction.”

Opinions June 23, 2017

June 23, 2017
Indiana Court of Appeals
Troy Burgh v. State of Indiana
Criminal. Affirms Troy Burgh’s conviction for battery as a Level 5 felony. Finds as a matter of first impression that when the paved surface of a parking lot is used in a manner that makes the surface readily capable of causing serious bodily injury, a reasonable trier of fact may conclude the battery was “committed with a deadly weapon.”

Opinions June 22, 2017

June 22, 2017
Indiana Supreme Court
Reginald Harris v. State of Indiana
Criminal. Affirms Reginald Harris’ convictions for battery against a public safety official and resisting law enforcement. Finds the Lake Superior Court was within its discretion to admit Summer Snow’s gun as evidence. Also finds that although the gun was not relevant to Harris’ crimes, he failed to seek a separate trial or a limiting instruction, thus waiving any argument that the gun’s admission denied him a fair trial.

Opinions June 21, 2017

June 21, 2017
Indiana Court of Appeals
James A. Hart v. State of Indiana
Criminal. Reverses James Hart’s conviction of Class A misdemeanor invasion of privacy. Finds the Orange Superior Court did not properly advise Hart of the dangers of representing himself and, thus, he did not knowingly, intelligently and voluntarily waive his right to counsel verbally or through his conduct. Remands for a new trial.

Opinions June 20, 2017

June 20, 2017
Indiana Supreme Court
William McNeal v. State of Indiana
Criminal. Grants transfer and vacates the Court of Appeals’ discussion in its opinion of the community caretaking function, specifically the final sentence of Section 1, the entirety of Section 1.1, the first phrase of Section 1.2 and the second sentence of the paragraph numbered 25. Summarily affirms the remainder of the Court of Appeals’ opinion, including the rest of Section 1.2 and Section 2.

Opinions June 19, 2017

June 19, 2017
Indiana Court of Appeals
Daviess-Martin County Joint Parks and Recreation Department, Daviess County Indiana, and Daviess County Health Department v. The Estate of Waylon W. Abel by John Abel, Personal Representative, et al.
Civil tort. Reverses the denial of the Daviess-Martin Joint County Parks & Recreation Department, Daviess County, Indiana, and the Daviess County Health Department’s motions for summary judgment regarding a negligence claim by the estate of Waylon Abel, and John Abel on behalf of the dependent children of Waylon Abel. Finds the county, parks board and health department did not have a duty to Waylon Abel.

Opinions June 16, 2017

June 16, 2017
Indiana Court of Appeals
Jack Allen Delauter v. Angela Lee Delauter (mem. dec.)
Domestic relation. Affirms and reverses in part the Wabash Superior Court’s findings of fact and judgment dissolving Jack Allen Delauter’s marriage to Angela Lee Delauter. Finds the trial court’s conclusion the North Central Respiratory Inc. property had a value of $62,000 as a marital asset contradicts the finding that Jack Delauter’s one-half share was worth $31,000.

Opinions June 15, 2017

June 15, 2017
Indiana Court of Appeals
Eric Horton v. State of Indiana (mem. dec.)
Criminal. Affirms Eric Horton’s sentence to two consecutive terms of 60 years for two murder convictions. Finds Horton’s sentence is not inappropriate.

Opinions June 14, 2017

June 14, 2017
Indiana Supreme Court
In the Matter of: Everett E. Powell, II
Disciplinary. Disbars Everett Powell. Finds Powell committed attorney misconduct by falsifying evidence and knowingly making false statements to the Supreme Court and the Disciplinary Commission in an attempt to be reinstated to the practice of law.

Opinions June 13, 2017

June 13, 2017
7th Circuit Court of Appeals
United States of America v. Anthony J. Minney
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Larry J. McKinney.
Criminal. Affirms denial of Anthony Minney’s motion to suppress evidence of guns found during a search of his apartment. Finds the plain-view doctrine is controlling and the discovery of the guns falls under that doctrine.

Opinions June 12, 2017

June 12, 2017
Indiana Court of Appeals
David L. Jenner and Vickie Jenner v. Bloomington Cellular Services, Inc. and Crown Castle South LLC.
Miscellaneous. Divided panel affirms a trial court ruling finding the Jenners’ tax deed for a Bloomington property housing a cell tower void for lack of statutory compliance.

Opinions June 9, 2017

June 9, 2017
Indiana Court of Appeals
Lawrence Benton Roper v. State of Indiana
Criminal. Affirms Lawrence Benton Roper’s convictions of two counts of Level 4 felony dealing cocaine and one count each of Level 5 felonies dealing cocaine and dealing a narcotic drug. Finds Roper waived his request for a speedy trial by conduct inconsistent with seeking a speedy trial.

Opinions June 8, 2017

June 8, 2017
7th Circuit Court of Appeals
John Lee Futrell v. United States of America
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Affirms the dismissal of John Lee Futrell’s claim against the U.S. government under the Federal Tort Claims Act. Finds the case of Feres v. United States, 340 U.S. 135 (1950), is still controlling law.

Opinions June 7, 2017

June 7, 2017
7th Circuit Court of Appeals
Gregory L. Cripe and Tammy Cripe v. Henkel Corporation and National Starch & Chemical, Co.
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Philip P. Simon.
Civil. Affirms the district court’s grant of summary judgment to Henkel Corp. Finds that Henkel provided reasons to think methylene diphenyl diisocyanate could not have caused Gregory Cripe’s symptoms, and Cripe offered no contrary evidence.


Opinions June 6, 2017

June 6, 2017
The following Indiana Tax Court opinion was posted after IL deadline Monday:
Evansville Courier Company Inc. v. Vanderburgh County Assessor
Tax. Affirms the denial of Evansville Courier Co. Inc’s petitions for abnormal obsolescence on its 2011, 2013 and 2014 tax returns. Finds the Indiana Board of Tax Review erred by admitting an untimely exhibit. Also finds the board did not err by finding Evansville Courier has not met its burden of establishing a prima facie case or by denying its petitions.  


Opinions June 5, 2017

June 5, 2017
7th Circuit Court of Appeals
Charles B. Douglas v. United States of America
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Jon E. DeGuilio
Civil. Affirms Charles Douglas’ conviction of possession of a firearm by a violent felon and his sentence to 110 months. Finds Douglas was properly classified as an armed career criminal.

Opinions June 2, 2017

June 2, 2017
Friday’s opinions
Indiana Court of Appeals

Illini State Trucking, Inc. a/k/a IST Holdings, LLC, and RLB International, LLC. v. Navistar, Inc., et al. (mem. dec.)
Civil plenary. Affirms the trial court’s dismissal of Illini's claims of fraud and fraudulent concealment against Navistar, Inc. (Navistar), Chicago International Trucks, LLC and CIT, Inc., and Rush Truck Centers of Indiana, Inc. Affirms trial court denial of Navistar and Chicago International's motions to dismiss on cross-appeal Illini’s claims of breach of express warranty, breach of implied warranty, and breach of contract. The motions were properly denied and the trial court is affirmed in all respects.

Opinions June 1, 2017

June 1, 2017
The following Indiana Supreme Court opinion was posted after IL deadline Wednesday:
Keyaunna Hurley v. State of Indiana
Criminal. Reverses the suspension of Keyaunna Hurley’s driving privileges. Finds the procedures for administering a chemical breath test required a second test on this record after Hurley’s first test produced an insufficient sample. Also finds unless a subject clearly manifests an unwillingness to submit to a chemical breath test, Title 260, Section 2-4- of the Indiana Administrative Code requires law enforcement to administer a second test if the first returns an “insufficient sample” message.

Opinions May 31, 2017

May 31, 2017
Indiana Court of Appeals
Latorrea Denise Ware v. State of Indiana
Post conviction. Affirms the denial of Latorrea Denise Ware’s petition for post-conviction relief. Finds Ware did not receive ineffective assistance of trial counsel because had her counsel moved to suppress evidence seized by officers who had entered her home with a valid warrant but without first clearly announcing their presence, the motion would not have been successful.

Opinions May 30, 2017

May 30, 2017
Indiana Court of Appeals
McKinley, Inc a/k/a McKinley Associates, Inc. d/b/a Summer Wood Apartment Homes v. Michelle Skyllas
Civil tort. Reverses the Lake Superior Court’s grant of Michelle Skyllas’ motion to correct error, which sat aside the trial court’s prior grant of summary judgment to McKinley, Inc., a/k/a McKinley Associates, Inc., d/b/a Summer Wood Apartment Homes, and the trial court’s grant of Skyllas’ motion to withdraw and amend admissions. Finds Skyllas did not establish she was entitled to relief from judgment with respect to the grant of summary judgment or the admissions. Remands with instructions to reinstate the judgment in favor of McKinley and against Skyllas.

Opinions May 26, 2017

May 26, 2017
Indiana Court of Appeals
Indiana Department of Child Services v. J.D., R.B., et al.
Juvenile CHINS. Reverses the St. Joseph Probate Court’s denial of the Indiana Department of Child Services’ petition alleging M.B. was a child in need of services. Finds DCS’ evidence tending to establish the elements of Indiana Code 31-34-12-4, or the Presumption Statute, was competent and probative and, thus, sufficient to trigger the application of the Presumption Statute and shift the burden of producing evidence to rebut the presumption to M.B.’s parents. Remands with instructions.

Opinions May 25, 2017

May 25, 2017
Indiana Court of Appeals
Caleb Sullivan v. State of Indiana
Criminal. Affirms Caleb Sullivan’s convictions for Level 4 felony burglary, Level 6 felony conspiracy to commit dealing in a controlled substance and level 6 felony theft. Finds there is sufficient evidence to support Sullivan’s convictions for burglary and theft. Also finds no double jeopardy violation.

Opinions May 24, 2017

May 24, 2017
Indiana Court of Appeals
Clara Briggs v. Kolb Roellgen & Kirchoff, LLP (mem. dec.)
Civil collection. Affirms and reverses in part the Knox Superior Court’s entry of summary judgment in favor of Kolb Roellgen & Kirchoff LLP in its action against Clara Briggs for the recovery of unpaid legal fees, collection costs and prejudgment interest. Finds the trial court did not abuse its discretion in denying Briggs’ motion for change of venue or motion for summary judgment, or in granting the firm’s motion for summary judgment to the extent the firm is entitled to unpaid legal fees in the amount of $36,188.41.

Opinions May 23, 2017

May 23, 2017
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday:
Chijioke B. Ben-Yisrayl v. Ron Neal
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Affirms the district court’s denial of Chijioke B. Ben-Yisrayl’s petition for habeas relief. Finds Ben-Yisrayl did not raise a claim of ineffective assistance of resentencing counsel in his habeas petition, and his failure to do so is a waiver.
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  1. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

  2. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  3. I agree. My husband has almost the exact same situation. Age states and all.

  4. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  5. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.