Opinions

Opinions Oct. 18, 2016

October 18, 2016
Indiana Court of Appeals
State of Indiana ex rel. Indiana Department of Transportation v. Joshua Dehaven and FBi Buildings, Inc.
37A05-1603-CC-648
Civil collection. Affirms denial of the State of Indiana, ex rel. Indiana Department of Transportation’s motion for summary judgment in lawsuit against Joshua DeHaven and FBi Buildings, Inc. INDOT is not entitled to recover, as a matter of law, the actual cost incurred to repair the bridge after DeHaven struck it with his trailer.
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Opinions Oct. 17, 2016

October 17, 2016
Indiana Court of Appeals
Charles J. Davis Sr. v. Jay Phelps, Bartholomew County Clerk

03A01-1604-PL-928
Civil plenary. Reverses Bartholomew Circuit Court’s order dismissing Charles J. Davis Sr.’s complaint for failure to make a timely payment of fees. Finds that Davis should have been given 45 days to make the payment, but was only given 30 days. Remands with instructions for Davis to re-send the filing fee of $17.18 within 45 days.

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Opinions Oct. 14, 2016

October 14, 2016
Indiana Court of Appeals
Kent R. Blair, Sr. v. State of Indiana
02A05-1604-CR-832
Criminal. Affirms Kent Blair’s convictions of invasion of privacy as a Level 6 felony and criminal trespass as a Class A misdemeanor, and his sentence to 1 ½ years executed in the Indiana Department of Correction. Finds the evidence is sufficient to sustain Blair’s convictions, that the Allen Superior Court did not abuse its discretion in sentencing him and that his sentence is not inappropriate in light of the nature of the offenses and his character.
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Opinions Oct. 13, 2016

October 13, 2016
Indiana Court of Appeals
Danny Sims v. Andrew Pappas and Melissa Pappas
45A03-1509-CT-1424
Civil tort. Majority reverses jury award of $2 million in favor of the Pappases in a lawsuit following a crash caused by Sims, an intoxicated driver. The trial court erred in admitting Sims’ prior decades-old convictions for alcohol-related offenses that neither proved nor disproved any facts that were central to the questions the jury decided, and were therefore irrelevant and unfairly prejudicial. Judge Robert Altice dissents, arguing admission of the evidence of past convictions was for the sole purpose of establishing punitive damages and bear on the reprehensibility of his actions and state of mind.  

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Opinions Oct. 12, 2016

October 12, 2016
7th Circuit Court of Appeals
James Blasius v. Angel Automotive, Inc.
15-2994
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Joseph S. Van Bokkelen.
Civil. Reverses district court decision to grant summary judgment in favor of Angel Automotive Inc. after James Blasius accused the company of negligence. Finds that a genuine issue of material fact exists as to the proximate cause of the fire that consumed Blasius’ vehicle and that Blasius is entitled to rely on the doctrine of res ipsa loquitur. Remands for further proceedings.
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Opinions Oct. 11, 2016

October 11, 2016
Indiana Court of Appeals
Allen County Plan Commission, et al. v. Olde Canal Place Association, et al.
02A03-1412-PL-441
Civil plenary. Reverses Allen Superior Court’s order granting Olde Canal Place Association and its members relief from judgment. Finds that the association cannot establish a meritorious claim. Remands with instructions to vacate the judgment setting aside its dismissal of the association’s petition for judicial review.

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Opinions Oct. 6, 2016

October 6, 2016
Indiana Court of Appeals
In the Matter of the Involuntary Termination of the Parent-Child Relationship of N.G. (Minor Child), and N.R.G. (Mother) v. The Indiana Department of Child Services
71A04-1602-JT-346
Juvenile termination of parental rights. Remands with instructions to provide more specific findings of fact and conclusions of law to support the termination of N.R.G.’s parental rights to her daughter, N.G.
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Opinions Oct. 5, 2016

October 5, 2016
Indiana Tax Court
Hamilton Square Investment, LLC. v. Hamilton County Assessor
49T10-1505-TA-00018
Tax. Reverses the final determination of the Indiana Board of Tax Review. Remands to the Indiana Board of Tax Review to instruct the appropriate officials to take action. Finds that Hamilton Square Investment LLC was correct in its claim that the board erred in upholding the classification of its real property and the allocation of its tax cap credits for the 2012 tax year.
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Opinions Oct. 4, 2016

October 4, 2016
Indiana Supreme Court
Robert Lewis, III v. State of Indiana
45S00-1601-LW-32
Life without parole. Resentences Robert Lewis to a total of 88 years’ imprisonment for his convictions of murder, criminal deviate conduct as a Class B felony and resisting law enforcement as a Class D felony. Remands to the trial court for the imposition of the sentences.
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Opinions Oct. 3, 2016

October 3, 2016
7th Circuit Court of Appeals
Exodus Refugee Immigration, Inc. v. Michael R. Pence, in his official capacity as Governor of Indiana, et al.
16-1509
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Affirms preliminary injunction barring Gov. Mike Pence from ordering federal money to assist the resettlement of Syrian refugees be withheld because of potential terror threats. The district judge was correct in granting the injunction because Exodus is likely to prevail in a trial on the merits.
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Opinions Sept. 30, 2016

September 30, 2016
Indiana Court of Appeals
Robert Kadrovach v. State of Indiana
49A02-1510-CR-1738
Criminal. Affirms conviction of Class A felony attempted murder for a hotdog vendor who stabbed a man in the head in downtown Indianapolis. The court did not commit fundamental error when it instructed the jury as to the mens rea necessary to convict him of attempted murder.
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Opinions Sept. 29, 2016

September 29, 2016
Indiana Court of Appeals
Jakob Robinson v. State of Indiana
79A02-1603-CR-522
Criminal. Affirms eight year sentence, with five years in the Department of Correction and three suspended to probation, following Robinson’s guilty plea to five counts of child seduction as Level 5 felonies. His sentence is not inappropriate given his manipulation of his victim, a student at the school where he taught and coached, and his abuse of his position of trust over her.
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Opinions Sept. 28, 2016

September 28, 2016
Indiana Court of Appeals
Susan E. Sturdivant v. State of Indiana
08A02-1601-CR-186
Criminal. Affirms trial court’s decision to allow Susan Sturdivant to conduct her own defense. Finds that there was no evidence that Sturdivant was suffering from severe mental illness.
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Opinions Sept. 27, 2016

September 27, 2016
Indiana Court of Appeals
Dale Sedam, Kim Sedam, and Bryan Norris, as co-personal representatives of the Estate of David C. Hamblin, deceased v. 2JR Pizza Enterprises, LLC doing business as Pizza Hut #013413, et al.
39A05-1602-CT-296
Civil tort. Reverses partial summary judgment in favor of Pizza Hut after its employee, Amanda Parker, was involved in a car accident that killed David C. Hamblin while she was acting within the scope of her employment. Finds that an employer’s admission that its employee committed the alleged negligent act within the scope of her employment does not preclude an action for negligent hiring, training, supervision and retention. Remands for further proceedings.
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Opinions Sept. 26, 2016

September 26, 2016
Indiana Court of Appeals
Jon A. Arnold v. State of Indiana
88A01-1603-PC-677
Post conviction. Affirms trial court’s decision to deny Jon A. Arnold’s petition for post-conviction relief. Arnold has not established that a defense overlooked by trial counsel would have likely changed the outcome of the proceeding.
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Opinions Sept. 23, 2016

September 23, 2016
Indiana Court of Appeals
In Re: The Adoption of: J.S.S. and K.N.S., Rayburn and Beth Robinson v. M.R.S.
02A04-1603-AD-545
Adoption. Affirms trial court’s decision to deny B.R. and R.R.’s motion to correct error after the trial court found that they had not established clear and convincing evidence necessary to dispense with parental consent. B.R. and R.R., foster parents, had petitioned to adopt J.S.S. and K.N.S. without the consent of their father, M.S.
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Opinions Sept. 22, 2016

September 22, 2016
Indiana Court of Appeals
Darwick Young v. State of Indiana (mem. dec.)
49A02-1602-CR-216
Criminal. Affirms Darwick Young’s conviction for Level 2 felony dealing in cocaine, Class A misdemeanor carrying a handgun without a license, Level 6 felony maintaining a common nuisance and Class B misdemeanor possession of marijuana. Remands with instructions to vacate Young’s Level 3 felony possession of cocaine conviction and to revise his sentence.
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Opinions Sept. 21, 2016

September 21, 2016
Indiana Court of Appeals
Andre C. Coleman v. State of Indiana
49A02-1511-CR-1999
Criminal. Vacates imposition of supplemental public defender and probation fees against Andre Coleman. Remands for further proceedings.
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Opinions Sept. 20, 2016

September 20, 2016
Indiana Court of Appeals
Christina Schermerhorn v. State of Indiana
49A02-1510-CR-1643
Criminal. Affirms Christina Schermerhorn’s convictions of criminal recklessness, a Class A misdemeanor, and domestic battery, a Class A misdemeanor.

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Opinions Sept. 16, 2016

September 16, 2016
Indiana Court of Appeals
Bradley Starr by Next Friend Heather Starr-Haller and Heather Starr-Haller v. State Farm Automobile Insurance Company and the Indiana Bureau of Motor Vehicles
32A05-1605-PL-976
Civil plenary. Affirms summary judgment for State Farm on Starr-Haller’s complaint seeking coverage for an auto accident. State Farm did not waive its right to deny Starr-Haller the coverage she now claims for an accident that occurred after her coverage had lapsed.
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Opinions Sept. 15, 2016

September 15, 2016
Indiana Court of Appeals
Mindy M. Cline v. State of Indiana
38A04-1512-XP-2221
Expungement petition. Reverses and remands denial of Mindy Cline’s petition for expungement, finding trial court abused its discretion in denying her petition. Judge Michael Barnes dissents with separate opinion.
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Opinions Sept. 14, 2016

September 14, 2016
Indiana Court of Appeals
Meridian Health Services Corporation v. Thomas Martin Bell

71A04-1511-DR-2005
Domestic relation. Affirms trial court’s order finding Meridian Health Services Corporation in contempt of court for failure to comply with a subpoena duces tecum and appear at a deposition and awarding attorney fees as a sanction. The trial court did not abuse its discretion in holding Meridian in contempt.
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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.
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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.
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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.
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  1. Bob Leonard killed two people named Jennifer and Dion Longworth. There were no Smiths involved.

  2. Being on this journey from the beginning has convinced me the justice system really doesn't care about the welfare of the child. The trial court judge knew the child belonged with the mother. The father having total disregard for the rules of the court. Not only did this cost the mother and child valuable time together but thousands in legal fees. When the child was with the father the mother paid her child support. When the child was finally with the right parent somehow the father got away without having to pay one penny of child support. He had to be in control. Since he withheld all information regarding the child's welfare he put her in harms way. Mother took the child to the doctor when she got sick and was totally embarrassed she knew nothing regarding the medical information especially the allergies, The mother texted the father (from the doctors office) and he replied call his attorney. To me this doesn't seem like a concerned father. Seeing the child upset when she had to go back to the father. What upset me the most was finding out the child sleeps with him. Sometimes in the nude. Maybe I don't understand all the rules of the law but I thought this was also morally wrong. A concerned parent would allow the child to finish the school year. Say goodbye to her friends. It saddens me to know the child will not have contact with the sisters, aunts, uncles and the 87 year old grandfather. He didn't allow it before. Only the mother is allowed to talk to the child. I don't think now will be any different. I hope the decision the courts made would've been the same one if this was a member of their family. Someday this child will end up in therapy if allowed to remain with the father.

  3. Ok attorney Straw ... if that be a good idea ... And I am not saying it is ... but if it were ... would that be ripe prior to her suffering an embarrassing remand from the Seventh? Seems more than a tad premature here soldier. One putting on the armor should not boast liked one taking it off.

  4. The judge thinks that she is so cute to deny jurisdiction, but without jurisdiction, she loses her immunity. She did not give me any due process hearing or any discovery, like the Middlesex case provided for that lawyer. Because she has refused to protect me and she has no immunity because she rejected jurisdiction, I am now suing her in her district.

  5. Sam Bradbury was never a resident of Lafayette he lived in rural Tippecanoe County, Thats an error.

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