ILNews

Opinions April 13, 2011

April 13, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Douglas M. Grimes v. Victoria Crockrom, et al.
45A03-1008-CT-491
Civil tort. Affirms order that Grimes, Crockrom’s former attorney, produce Crockrom’s medical records he obtained while he was representing her. The trial court erred when it did so without first providing for the security of the attorney fees owed. Grimes has a valid retaining lien over Crockrom’s medical records. Remands with instructions that the court determine how much in attorney fees Grimes is owed and then order Crockrom to provide security for the payment of those fees.

D.G. v. State of Indiana
49A04-1006-JV-416
Juvenile. Reverses true finding that D.G. committed what would be Class B felony child molesting if committed by an adult. The failure to assess victim A.S.’s competency before testifying was an error and requires reversing the true finding. There is sufficient evidence to permit another hearing on the allegations. Remands for further proceedings.

Brett Boston v. State of Indiana
32A01-1008-CR-421
Criminal. Affirms on interlocutory appeal the denial of Boston’s motion to suppress the results of his blood alcohol test. The trial court did not abuse its discretion in retroactively applying the 2010 amendments to I.C. Section 9-30-6-6 and reliance, thereon, in denying Boston’s motion to suppress. The amendments were remedial in nature, motivated by strong and compelling reasons aimed at public safety and welfare, and did not violate constitutional prohibitions against ex post facto criminal sanctions.

Michael J. Cable v. State of Indiana (NFP)
49A04-1006-CR-386
Criminal. Affirms convictions of three counts of Class D felony intimidation and one count of Class A misdemeanor invasion of privacy.

State of Indiana v. Mary McNeal (NFP)
84A05-1008-CR-485
Criminal. Affirms grant of McNeal’s motion to suppress.

Marvin L. Ervin v. State of Indiana (NFP)
49A02-1002-CR-123
Criminal. Affirms conviction of Class D felony theft and adjudication as a habitual offender.

Term. of Parent-Child Rel. of M.H.; R.S. v. IDCS (NFP)
79A02-1009-JT-1166
Juvenile. Affirms termination of parental rights.

Lisa and Nicole Tanasijevic v. Alicia Bookwood (NFP)
45A03-1007-CT-364
Civil tort. Affirms verdict in favor of Bookwood on the Tanasijevics’ complaint following an auto accident.

Claudette Mee, et al. v. George Albers, M.D., et al. (NFP)
03A01-1007-CT-339
Civil tort. Affirms jury verdict in favor of Dr. Albers and Southern Indiana OB/GYN on the Mees’ complaint for damages arising from alleged medical malpractice.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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