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Opinions April 1, 2013

April 1, 2013
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Indiana Court of Appeals
Roche Diagnostics Operations, Inc. v. Marsh Supermarkets, LLC
29A02-1201-PL-4
Civil plenary. Affirms judgment in favor of Marsh Supermarkets. The trial court did not abuse its discretion in awarding Marsh damages based on Roche’s rental obligation under the 18-year term of the sublease after Roche terminated it over a subordination non-disturbance and attornment agreement. Judge Crone dissents.

Michael L. Curtis v. State of Indiana

49A02-1203-MI-271
Miscellaneous. Grants state’s petition for rehearing but still concludes the trial court abused its discretion by denying Curtis’ motion for relief from judgment. Finds that where the underlying offense actually charged is fraud and not theft or conversion, there is no predicate for forfeiture.

Daniel G. Suber & Associates v. Edward Smith (NFP)
45A04-1205-CT-278
Civil tort. Affirms grant of Smith’s motion to enforce an equitable lien and the award of attorney fees. Denies Smith’s request for appellate attorney fees.

Edward E. Wroblewski v. Linda M. (Wroblewski) Cain (NFP)
33A01-1204-DR-170
Domestic relation. Affirms judgment issued in favor of Linda Cain resolving various petitions and motions related to the post-secondary education component of the parties’ child support obligations.

Aaron Ingle v. State of Indiana (NFP)

49A02-1206-CR-538
Criminal. Affirms convictions of three counts of Class D felony neglect of a dependent.

Rickie B. Gilliam v. State of Indiana (NFP)
79A02-1206-CR-482
Criminal. Affirms convictions and sentence for two counts of Class A felony attempted murder and one count of Class B felony possession of a firearm by a serious violent felon.

Charles Dunmore v. State of Indiana (NFP)

34A02-1209-CR-769
Criminal. Affirms convictions of Class D felony possession of cocaine and Class A misdemeanor resisting law enforcement.

Trivest Partnership, L.P. v. James Gagan, Fred Wittlinger, Jack Allen and Eugene Deutsch (NFP)
45A03-1205-CT-208
Civil tort. Affirms denial of Trivest Partner’s motion for attorney fees against Gagan, Wittlinger, Allen and Deutsch.

Fayette County Board of Commissioners v. Howard Price (NFP)
21A04-1208-PL-434
Civil plenary. Affirms denial of the board of commissioner’s motion for summary judgment after the court concluded that the board’s decision not to reappointment Price as director of highway operations was a quasi-judicial decision that is subject to judicial review.

Baldemar Lopez Saldana v. State of Indiana (NFP)
20A05-1203-PC-128
Post conviction. Remands with instructions to dismiss Saldana’s appeal for relief from a ruling entered against him.

In the Matter of the Termination of the Parent-Child Relationship of: W.S.; B.B. v. Indiana Department of Child Services (NFP)
34A02-1210-JT-867
Juvenile. Affirms termination of parental rights.

Andrew Ray Golden v. State of Indiana (NFP)
40A05-1205-CR-243
Criminal. Affirms convictions of Class A felony manufacturing methamphetamine within 1,000 feet of a public park and Class D felony unlawful possession of a hypodermic needle.

The Indiana Supreme Court and Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
 

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  1. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  2. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  3. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  4. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  5. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

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