ILNews

Opinions April 29, 2011

April 29, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Steven A. Coppolillo v. Anthony Cort
45A05-1007-PL-433
Civil plenary. Reverses summary judgment in favor of Cort on Coppolillo’s suit for unjust enrichment.  The parties’ contract does not preclude Coppolillo’s claim in equity against Cort. There is a material dispute of fact as to whether Cort was unjustly enriched. Remands for further proceedings.

Kevin A. Griffin and Maureen O. Griffin, et al. v. George E. Simpson, Team Indiana Volleyball, Inc., et al.
18A02-1009-CT-1064
Civil tort. Affirms grant of coach Becky Murray and Team Indiana Volleyball’s motion for summary judgment that as a matter of law they owed no duty to a minor player when she was injured on private property during the time that the team was on break between tournament sessions.

Joni Gabriel, personal representative of the estate of Eugene A. Gabriel Jr. v. Loretta Gabriel, personal representative of the estate of Eugene A. Gabriel Sr.
34A04-1007-ES-438
Estate, supervised. Affirms trial court properly determined that Loretta’s action was not barred and the evidence supported the findings that Eugene Sr. had not transferred stock to Eugene Jr. Reverses determination regarding the ownership of the stock and the percentage of the estate that is to be distributed to Loretta and the remaining heirs. Remands with instructions to hear further evidence if necessary and to make additional findings as to the distribution of the estate.

Edwin Blinn, Jr. v. The Law Firm of Johnson, Beaman, Bratch, Beal and White, LLP
27A05-1011-CT-721
Civil tort. Affirms dismissal of Blinn’s complaint against the law firm, alleging the firm was vicariously liable for Beal’s malpractice.  The trial court properly dismissed Blinn’s complaint because it was time-barred and was not saved by the Journey’s Account Statute.

Thomas J. Tarrance v. State of Indiana
60A01-1010-CR-570
Criminal. Dismisses Tarrance’s appeal of his sentence following a guilty plea to Class B felony robbery while armed with a deadly weapon. Tarrance didn’t timely file his notice of appeal, so it’s dismissed for lack of subject matter jurisdiction.

Aaron R. Nichols v. State of Indiana
29A04-1008-CR-589
Criminal. Affirms denial of motion to correct error challenging the denial of Nichols’ motion to order the Indiana Department of Correction to amend the Sex Offender Registry to reflect that he was required to register as a sex offender for a 10-year period instead of for life. Rejects Nichols’ interpretation of “unrelated” to require a “conviction-and-re-offense” sequence. The reporting period is determined by law, not by the trial court or the DOC.

Rodney Nicholson v. State of Indiana
55A01-1005-CR-251
Criminal. Reverses conviction of Class C felony stalking. The evidence is insufficient to support the stalking conviction. Judge Bradford dissents.

City of Mitchell, Indiana, et al. v. Steven Blair (NFP)
47A04-1011-PL-754
Civil plenary. Affirms trial court order reversing the Indiana Board of Works and Public Safety’s decision to terminate Blair’s employment with the Mitchell Police Department, and reinstating him with back pay.

John Pagorek v. Adrienne Garippo and Jimmy Warren (NFP)
45A03-1005-SC-243
Small claim. Affirms denial of Pagorek’s motion to correct error.

Brent Sims v. State of Indiana (NFP)
82A01-1007-CR-328
Criminal. Affirms convictions of felony murder and Class D felony neglect of a dependent.

Timothy Rene Warren v. State of Indiana (NFP)
02A03-1009-CR-461
Criminal. Affirms sentence following guilty plea to theft.

Construction Labor Contractors, Inc. v. Masiongale Electrical-Mechanical, Inc. (NFP)
18A02-1008-CC-881
Civil collections. Reverses denial of Construction Labor Contractors Inc.’s denial of its motion to correct error seeking additur following a judgment in its favor against Masiongale Electrical-Mechanical. Remands with instructions.

Amy Whitaker v. State of Indiana (NFP)
48A04-1010-PC-698
Post conviction. Affirms denial of petition for post-conviction relief.

Paternity of E.W.; L.W. v. C.M. (NFP)
65A01-1010-JP-588
Juvenile. Affirms order denying father’s petition to modify the physical custody of his daughter and the issuance of a modified parenting-time order.

R.W. v. Review Board (NFP)
93A02-1007-EX-802
Civil. Affirms finding that R.W. was discharged by his employer for just cause.

Simon Shulkin v. State of Indiana (NFP)
30A01-1012-CR-607
Criminal. Vacates conviction of Class C misdemeanor failure to stop after damage to a vehicle. Remands for a new trial.

Robert Arnold v. State of Indiana (NFP)
49A05-1010-CR-651
Criminal. Affirms conviction of Class C felony child molesting.

Timothy A. Strait v. State of Indiana (NFP)
71A03-1009-CR-536
Criminal. Affirms convictions of and sentence for Class C felony child molesting, Class D felony domestic battery, and Class D felony criminal confinement, which was entered as a Class A misdemeanor.

Avonte Yarbrough v. State of Indiana (NFP)
49A02-1010-CR-1088
Criminal. Affirms conviction of Class B felony battery.

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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