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. Uh oh, someone is really going to get their panti ... uh, um ... I mean get upset now: http://www.theguardian.com/us-news/2015/mar/31/arkansas-passes-indiana-style-religious-freedom-bill

  2. Bryan, stop insulting the Swedes by comparing them to the American oligarchs. Otherwise your point is well taken.

  3. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  4. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  5. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

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