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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. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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