ILNews

Opinions April 4, 2012

April 4, 2012
Keywords
Back to TopE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

ADVERTISEMENT