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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. Bill Satterlee is, indeed, a true jazz aficionado. Part of my legal career was spent as an associate attorney with Hoeppner, Wagner & Evans in Valparaiso. Bill was instrumental (no pun intended) in introducing me to jazz music, thereby fostering my love for this genre. We would, occasionally, travel to Chicago on weekends and sit in on some outstanding jazz sessions at Andy's on Hubbard Street. Had it not been for Bill's love of jazz music, I never would have had the good fortune of hearing it played live at Andy's. And, most likely, I might never have begun listening to it as much as I do. Thanks, Bill.

  2. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  3. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  4. Indiana up holds this behavior. the state police know they got it made.

  5. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

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