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Opinions April 12, 2011

April 12, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Cassandra Johnson and Jarrett Buse v. Anya E. Wait, et al.
82A01-0910-CV-498
Civil. Affirms the jury instruction on contributory negligence, finding sufficient evidence to support giving it. The trial court didn’t err by refusing to give the tendered instruction on the doctrine of res ipsa loquitur offered by Johnson and Buse because there is a dearth of evidence as to exactly how and when Johnson’s shoulder injuries occurred. Affirms trial court allowance of a defense orthopedic expert witness to testify as to his opinions on causation.

Phyllis and Michael Klosinski v. Cordry Sweetwater Conservancy District
07A01-1008-PL-429
Civil plenary. Reverses finding that the Klosinskis were entitled to bring the action for an injunction against the conservancy district for anything other than the septic inspection program. The district concedes that the couple has an actual or active controversy with the district regarding participation in the septic inspection program. Reverses finding that the couple was adversely affected regarding the septic inspection program. The district wasn’t acting outside of its statutory authority when it implemented the septic inspection program. Affirms denial of the Klosinskis’ request for an injunction regarding the septic inspection program. Judge Baker concurs in part and dissents in part.

Lamar M. Crawford v. State of Indiana
49A05-1006-CR-377
Criminal. Affirms murder conviction. The trial court did not abuse its discretion when it quashed part of Crawford’s request for production of documents to a nonparty television production company, and the state produced sufficient evidence to prove beyond a reasonable doubt that Crawford committed murder.

Jessica Borjas v. State of Indiana
49A02-1009-CR-1048
Criminal. Affirms two convictions of Class C felony forgery, stating that even though no paper record existed of Jessica Borjas forging Arie Hornbeak’s signature for two purchases, the digital signatures were sufficient evidence to convict.

John Grimes v. Tamara Grimes (NFP)
48A02-1007-DR-825
Domestic relation. Affirms trial court’s decision to deny John Grimes’ motion to correct error in a post-dissolution proceeding.

Sherrill Essett v. State of Indiana (NFP)
49A02-1005-CR-481
Criminal. Reverses jury trial’s conviction of Sherrill Essett for Class D felony theft, stating evidence was not sufficient to support conviction.

Charlotte A. Hunt v. State of Indiana (NFP)
49A04-1010-CR-628
Criminal. Affirms conviction of Class A misdemeanor possession of paraphernalia.

John Mark Harris v. State of Indiana (NFP)
85A04-1006-CR-390
Criminal. Affirms convictions of Class D felony receiving stolen property and Class B felony conspiracy to commit burglary. Affirms court’s determination that John Mark Harris is a habitual offender and affirms sentences.

Adoption of J.H.; I.H. v. J.R. & W.R. (NFP)
29A02-1009-AD-1091
Adoption. Affirms trial court’s ruling that father’s consent to adoption was not required.

Bryant Carr v. State of Indiana (NFP)
49A02-1009-CR-962
Criminal. Affirms convictions of Class D felony strangulation and Class A misdemeanor battery.

Martha J. Tichenor v. Daniel Dodson (NFP)
07A01-1006-PO-285
Order of protection. Reverses protection order in favor of Daniel Dodson, et al., stating that repeated e-mails do not fall under protection statute.

Brice Webb v. State of Indiana (NFP)

71A05-1007-CR-517
Criminal. Affirms murder conviction.

Sieb Corp., Inc., Kurt Siebert, et al. v. Laidig Systems, Inc., Mishawaka Leasing Corp., et al. (NFP)
71A03-1010-CT-531
Civil tort. Affirms trial court’s summary judgment in favor of DJ Construction, Progressive, and Clarkco. Reverses trial court’s grant of summary judgment in favor of Laidig Systems, Wyn, and Mishawaka Leasing Corp., and remands for further proceedings.

Term. of Parent-Child Rel. of E.C. & J.V.; J.V. v. IDCS (NFP)
71A04-1010-JT-630
Juvenile termination of parental rights. Affirms trial court’s termination of father’s parental rights.

Term. of Parent-Child Rel. of A.G., J.S., & K.S.; G.S. v. IDCS (NFP)
02A03-1009-JT-489
Juvenile termination of parental rights. Affirms trial court’s termination of father’s parental rights.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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