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Opinions Aug. 15, 2012

August 15, 2012
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7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals

Reko D. Levels v. State of Indiana
82A01-1201-CR-25
Criminal. Reverses convictions of battery and public intoxication as Class B misdemeanors. Levels did not validly waive his right to a jury trial.

JPMCC 2006-CIBC 14 Eads Parkway, LLC v. DBL Axel, LLC, David Richman, Lynette Gridley, as Trustee of the Hartunian Family Trust (u/d/t dated November 8, 1989), Black Diamond Realty, LLC, et al.
15A01-1201-PL-23
Civil plenary. Holds that the trial court erred when it denied JPMCC’s motion for summary judgment on DBL’s complaint for declaratory judgment and when it denied JPMCC’s motion for summary judgment against the guarantors on its claim for breach of the guaranty with respect to the first two installments of the nuisance award. Affirms the trial court’s grant of summary judgment for the guarantors on the question of their liability for the balance of the debt and the grant of summary judgment for DBL on JPMCC’s tort claims. Remands for further proceedings on the amount of the guarantors’ liability to JPMCC.

Mary Barrix and Joe Barrix, Jr. v. Kristopher Jackson and Graves Plumbing Co. Inc.
28A04-1202-CT-82
Civil tort. Affirms judgment on the evidence against the Barrixes and in favor of Jackson and Graves Plumbing on the Barrixes’ suit for negligence following a car accident. Having thus afforded the trial court no opportunity to rule upon the specific portions of Dr. Fulton’s testimony that may have been admissible, the Barrixes invited the trial court’s error and are not entitled to relief. Any error in the trial court’s exclusion of Dr. Fulton’s testimony or the underlying medical records was harmless and thus not a basis for reversal.

Michael R. Jent v. Fort Wayne Police Department
02A03-1108-MI-388
Miscellaneous. Affirms summary judgment for the police department on Jent’s request for declaratory and injunctive relief asking the court to compel the Fort Wayne Police Department to disclose requested records. The undisputed evidence shows that Jent’s request does not identify with reasonable particularity the records he sought.

Michael K. Curts, Individually and as Personal Representative of the Estate of Dorothy J. Curts, Deceased v. Miller's Health Systems, Inc. a/k/a Miller's Merry Manor, Logansport, LLC, et al.
09A02-1112-CT-1191
Civil tort. Affirms summary judgment for Miller’s Merry Manor on Michael Curts’ lawsuit for wrongful death, breach of contract and negligent infliction of emotional distress. Concludes that nurses can potentially have sufficient expertise to qualify as experts for purposes of the medical standards of care and medical causation, but the nurse in this case does not qualify. There are no genuine issues of material fact.

In re the Term. of the Parent--Child Rel. of H.S. and N.S. and S.S. & D.S. v. Indiana Dept. of Child Services (NFP)
79A02-1112-JT-1200
Juvenile termination. Affirms termination of parental rights.

Douglas C. Holland v. Rising Sun/Ohio County First, Inc., Ohio County, Rising Sun, Quin Min, and Kirk and Michelle Neace (NFP)
58A01-1112-PL-616
Civil plenary. Affirms order denying Holland’s request to quiet title through adverse possession but reforming the deed in favor of defendants.

Tracy Lynn Weston, as Personal Representative of the Estate of Clinton Dale Weston, Deceased v. Scott D. Longevin, M.D., and Preferred Emergency Specialists, Inc. (NFP)
21A01-1112-PL-583
Civil plenary. Reverses grant of Dr. Longevin and Preferred Emergency Specialists’ motion for summary judgment and remands for further proceedings.

Tondalay Brown v. State of Indiana (NFP)
79A02-1111-CR-1038
Criminal. Affirms convictions of Class A felony possession of cocaine with intent to deliver and Class A misdemeanor possession of marijuana.

Joshua Ellis v. State of Indiana (NFP)
48A04-1203-CR-116
Criminal. Affirms revocation of probation and reinstatement of five years of previously suspended sentence.

Lloyd W. Mezick v. State of Indiana (NFP)
48A02-1112-CR-1170
Criminal. Affirms sentences for Class C felony nonsupport of a dependent child, Class D felony possession of a controlled substance, Class D felony intimidation, Class A resisting law enforcement, Class A misdemeanor battery on a police officer and two counts of Class B misdemeanor public intoxication.

Derek Dwane Hardy v. State of Indiana (NFP)
02A03-1109-PC-445
Post conviction. Affirms denial of petition for post-conviction relief.

D.J. v. State of Indiana (NFP)
49A02-1201-JV-29
Juvenile. Affirms adjudication as a delinquent child for committing what would be Class A misdemeanor intimidation if committed by an adult.

Floor Mart of Indiana, Inc., Annesse M. Covey, Cherly C. Covey, and William Covey v. Norman Fischer and Julie Fischer (NFP)
45A03-1111-PL-501
Civil plenary. Reverses summary judgment entered in favor of the Fischers on their complaint for fraud. Remands for further proceedings.

David M. Craft v. State of Indiana (NFP)
52A05-1203-CR-140
Criminal. Affirms sentence for Class C felony battery resulting in serious injury.

Victor Salazar v. State of Indiana (NFP)
79A02-1101-PC-150
Post conviction. Affirms denial of petition for post-conviction relief.

Larry Burns v. State of Indiana (NFP)
45A04-1111-CR-624
Criminal. Affirms conviction of murder.

Danny K. Peet v. State of Indiana (NFP)
20A05-1203-CR-185
Criminal. Affirms revocation of probation.

Vernon L. Mefford v. Lori Little and Jason McCord (NFP)
53A01-1110-SC-495
Small claims. Affirms judgment in favor of Little and McCord on Mefford’s claim for damages resulting from a breach of a lease of residential real estate.

Term. of Parent-Child Rel. of C.S., Jr., D.S., and J.S., minor children, and C.S., Sr., father v. Indiana Dept. of Child Services (NFP)
71A04-1111-JT-641
Juvenile termination. Affirms termination of parental rights.
 

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  1. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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