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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. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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