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Opinions April 4, 2012

April 4, 2012
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The 7th Circuit Court of Appeals, Indiana Supreme Court and Indiana Tax Court had no opinions at IL deadline.

Indiana Court of Appeals

Melanie Webster v. Walgreen Co.
55A01-1110-CT-442
Civil. Affirms judgment of trial court denying motion to amend the filing date of a complaint against Walgreen in order to comply with the statute of limitations. The appellate court held that “mailing” for purposes of the Indiana Trial Rules requires the sender to affix sufficient postage, and since that didn’t happen here the original complaint was untimely.

Calvin Hair v. Mike Schellenberger and Lawyers Title Ins. Corp., Wells Fargo Bank, N.A., Felix Adejare, and Sharon Adejare
49A02-1107-PL-685
Civil. Affirms trial court’s judgment in a property title dispute in which the court denied Calvin Hair’s motion for partial summary judgment and granted the appellees' motions for summary judgment. Appellate panel found that Hair’s judgment was outside the chain of title and that the person who purchased the Talbott Street property in Indianapolis was a bona fide purchaser as a matter of law.

Mid-Century Ins. Co. v. Estate of Thomas Lynn Morris, by and through his personal representative, Tommy Lynn Morris, Daemen Sampson, and Dora Robinson
07A01-1106-PL-313
Civil. Affirms trial court judgment granting an estate’s motion to dismiss a complaint for declaratory judgment filed by a California-based insurance exchange operation. Holds the trial court didn’t abuse its discretion in granting the motion to dismiss.

Ronald Rexroat v. State of Indiana
49A02-1107-CR-594
Criminal. Affirms convictions of two counts of child molesting and finds that they do no violate double jeopardy principles simply because the pair of charges are worded identically. Appellate court also found that a condition of probation requiring defendant to have no contact with any person 18 or younger unless first approved is not overbroad and a violation of First Amendment rights.

Mark Todisco v. State of Indiana
32A01-1108-CR-393
Criminal. Affirms trial court’s denial of a motion to discharge, finding against defendant who was found guilty by a jury of Class B misdemeanor disorderly conduct and alleged the state failed to bring him to trial within one year according to Indiana Criminal Rule 4(C).

In Re the Term. of the Parent-Child Rel. of D.T. and J.T. v. The Indiana Dept. of Child Services (NFP)
79A04-1108-JT-483
Juvenile. Affirms trial court’s termination of a mother’s parental rights as to her minor child, finding clear and convincing evidence to support the findings that the conditions that led to the child’s removal will not be remedied and termination is in the child’s best interest.

Gregory Hayes v. State of Indiana (NFP)
49A02-1109-CR-848
Criminal. Reverses trial court’s order revoking probation, finding evidence insufficient to support the determination that defendant violated his probation terms.

In re the Marriage of: Richard A. Medcalf v. Sheri L. Medcalf (NFP)
32A04-1111-DR-582
Divorce. Reverses trial court’s decision to award attorney fees in a protracted divorce case involving a new parenting time agreement. Remands for court to hold further proceedings on the fees.

Rex A. Clark v. State of Indiana (NFP)
03A04-1109-CR-485
Criminal. Affirms sentence of man convicted of Class A misdemeanor resisting law enforcement and Class D felony receiving stolen auto parts, finding trial court didn’t abuse its discretion in issuing a sentence of nearly 3.5 years and the penalty is not inappropriate.

Lorraine Tietjen v. PEP Educational Support, Inc., Turner Marketing, Inc., and Richard P. Turner (NFP)
49A02-1102-PL-152
Civil. Affirms trial court’s judgment in favor of an educational support service and marketing company following a bench trial involving fraud and breach of contract. Appellate panel finds trial court did not err in its judgment.

In the Matter of the Involuntary Term. of the Parent-Child Rel. of Ja.B., J.B., J.P., A.P. & C.P.; and R.P. v. Indiana Dept. of Child Services and Lake Co. CASA (NFP)
45A03-1110-JT-453
Juvenile. Affirms order terminating mother’s parental rights to three children, finding the state DCS provided sufficient evidence to support the termination.

Ryan S. Shearer v. State of Indiana (NFP)
92A04-1108-CR-405
Criminal. Affirms sentence for a man convicted of Class B felony sexual misconduct with a minor, where the trial court sentenced him to an advisory 10 years with two years suspended to probation.

Rachel Ann Ruch v. State of Indiana (NFP)
57A03-1111-CR-498
Criminal. Affirms sentence imposed for Class B felony conviction of dealing in methamphetamine and Class A misdemeanor conviction of possession of paraphernalia, finding trial court did not err in imposing aggregate 15-year sentence with five years suspended to probation.

James Alvarado v. State of Indiana (NFP)
52A02-1110-CR-984
Criminal. Reverses trial court’s revocation of probation on grounds that evidence is insufficient to support findings that defendant violated his probation.
 

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  1. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

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  3. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  4. JLAP and other courtiers ... Those running court systems, have most substance abuse issues. Probably self medicating to cover conscience issues arising out of acts furthering govt corruption

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

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