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Opinions Aug. 13, 2012

August 13, 2012
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The 7th Circuit Court of Appeals posted no Indiana opinions prior to IL deadline.

The Indiana Supreme Court and Tax Court posted no opinions prior to IL deadline.

Indiana Court of Appeals

CSL Community Association, Inc. v. Clarence Ray Meador
40A01-1112-MI-579
Miscellaneous. Reverses trial court’s grant of Meador’s motion for declaratory judgment that abrogated his obligation to pay homeowner’s association dues, finding that the evidence does not support the trial court’s conclusion that the changes in the community were so radical that the original purpose of the community and the deed restrictions were destroyed, and that the trial court erred in abrogating Meador’s obligation to pay dues and assessments.

Michael Thalheimer v. Ramon and Stacey Halum
49A02-1203-PL-167
Civil plenary. Affirms bench trial findings and judgment in favor of Halum, concluding that Thalheimer waived his claim that Halum spoilated evidence; that the economic loss doctrine did not preclude a negligence claim; and that the trial court did not abuse its discretion in finding that Thalheimer’s work was poor quality. The court denied Halum’s claim for appellate attorney fees, holding that an award on the argument that the appeal was frivolous and in bad faith was not warranted.

E.J., a minor by his mother and father Victor and Lynell Jeffrey v. Paul Okolocha, M.D., Okolocha Medical Corp., and Okolocha Medical, Pain and Weight
45A03-1201-CT-15
Civil tort. Affirms trial court grant of summary judgment in favor of Okolocha, holding that the doctor owed no duty to adoptive parents to provide prenatal medical records because authorization to release the records did not satisfy elements of HIPPA or Indiana Code 16-39-1-4(1).

In the Matter of the Term. of the Parent-Child Rel. of Ma.J. and My.J.; and K.B. v. Indiana Dept. of Child Services
27A02-1112-JT-1193
Juvenile/termination of parental rights. Reverses termination of mother’s parental rights, concluding that the Department of Child Services failed to meet its burden of demonstrating that the conditions resulting in children’s removal would not be remedied due to the mother’s progress over eight months in meeting areas of concern.

Dennis Feyka v. State of Indiana
49A02-1108-CR-703
Criminal. Affirms trial court conviction of Class A felony child molesting, holding that a prosecutor’s references to Feyka’s failure to testify were not fundamental error and that there was sufficient evidence to support Feyka’s conviction.

Anastazia Schmid v. State of Indiana
79A04-1110-PC-618
Post conviction relief. Affirms post-conviction court’s denial of petition for post-conviction relief, finding the appellant-defendant did not demonstrate counsels’ alleged errors were prejudicial.

Kendrice Dorsey v. State of Indiana (NFP)
46A04-1109-PC-563
Criminal/post-conviction relief. Appeals trial court denial of post-conviction relief for Class A felony possession of cocaine with intent to deliver.

Elsa M. McLaughlin v. John C. Clark and Zore's, Inc. (NFP)

49A02-1109-CT-862
Civil tort. Affirms trial court ruling in favor of Clark.

Gene Hildebrandt v. Pepsi America a/k/a Globe Transport (NFP)
93A02-1111-EX-1033
Executive administrative/workers’ compensation. Affirms denial of application for adjustment of claim.

Warren Parks v. State of Indiana (NFP)
81A01-1201-CR-19
Criminal. Affirms trial court order of contempt of court.

Cleverly Lockhart v. State of Indiana (NFP)
34A04-1204-CR-226
Criminal. Affirms trial court denial of motion to correct erroneous sentence.

Marshall Jackson v. Beckie Bennett (NFP)
49A02-1112-MI-1199
Miscellaneous. Affirms denial for petition of writ of habeus corpus.

In the Matter of the Term. of the Parent-Child Rel. of D.Y.; M.Y. v. Indiana Dept. of Child Services (NFP)
79A02-1112-JT-1121
Juvenile/termination. Affirms trial court termination of parental rights.

Rachel Ann Ruch v. State of Indiana (NFP)
57A05-1202-CR-96
Criminal. Affirms trial court judgment for restitution from a conviction of Class B felony dealing in methamphetamine.

Term. of Parent-Child Rel. of E.Y., Minor Child; A.Y., Mother v. Indiana Dept. of Child Services, and Child Advocates, Inc. (NFP)
49A04-1112-JT-702
Juvenile/termination of parental rights. Affirms termination of parental rights.

Jeffrey M. Steffen v. State of Indiana (NFP)
19A04-1110-CR-588
Criminal. Affirms convictions of four Class D felony counts of intimidation and theft.

Sherri Hillenburg and Dennis Hillenburg v. Paul D. Reeves and Norma J. Reeves Revocable Trust; Paul Reeves, Norma J. Reeves and John Reeves (NFP)
53A04-1111-PL-615
Civil plenary. Affirms denial of motion to correct error.


 

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  1. State Farm is sad and filled with woe Edward Rust is no longer CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go All American Girl starred Margaret Cho The Miami Heat coach is nicknamed Spo I hate to paddle but don’t like to row Edward Rust is no longer CEO The Board said it was time for him to go The word souffler is French for blow I love the rain but dislike the snow Ten tosses for a nickel or a penny a throw State Farm is sad and filled with woe Edward Rust is no longer CEO Bambi’s mom was a fawn who became a doe You can’t line up if you don’t get in a row My car isn’t running, “Give me a tow” He had knowledge but wasn’t in the know The Board said it was time for him to go Plant a seed and water it to make it grow Phases of the tide are ebb and flow If you head isn’t hairy you don’t have a fro You can buff your bald head to make it glow State Farm is sad and filled with woe Edward Rust is no longer CEO I like Mike Tyson more than Riddick Bowe A mug of coffee is a cup of joe Call me brother, don’t call me bro When I sing scat I sound like Al Jarreau State Farm is sad and filled with woe The Board said it was time for him to go A former Tigers pitcher was Lerrin LaGrow Ursula Andress was a Bond girl in Dr. No Brian Benben is married to Madeline Stowe Betsy Ross couldn’t knit but she sure could sew He had knowledge but wasn’t in the know Edward Rust is no longer CEO Grand Funk toured with David Allan Coe I said to Shoeless Joe, “Say it ain’t so” Brandon Lee died during the filming of The Crow In 1992 I didn’t vote for Ross Perot State Farm is sad and filled with woe The Board said it was time for him to go A hare is fast and a tortoise is slow The overhead compartment is for luggage to stow Beware from above but look out below I’m gaining momentum, I’ve got big mo He had knowledge but wasn’t in the know Edward Rust is no longer CEO I’ve travelled far but have miles to go My insurance company thinks I’m their ho I’m not their friend but I am their foe Robin Hood had arrows, a quiver and a bow State Farm has a lame duck CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go State Farm is sad and filled with woe

  2. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  3. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  4. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  5. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

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