ILNews

Opinions Aug. 13, 2012

August 13, 2012
Keywords
Back to TopE-mailPrintBookmark and Share

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.


 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

ADVERTISEMENT