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
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.
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.
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
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.
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)
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)
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)
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)
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)
Criminal. Affirms revocation of probation and reinstatement of five years of previously suspended sentence.

Lloyd W. Mezick v. State of Indiana (NFP)
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)
Post conviction. Affirms denial of petition for post-conviction relief.

D.J. v. State of Indiana (NFP)
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)
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)
Criminal. Affirms sentence for Class C felony battery resulting in serious injury.

Victor Salazar v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief.

Larry Burns v. State of Indiana (NFP)
Criminal. Affirms conviction of murder.

Danny K. Peet v. State of Indiana (NFP)
Criminal. Affirms revocation of probation.

Vernon L. Mefford v. Lori Little and Jason McCord (NFP)
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)
Juvenile termination. Affirms termination of parental rights.


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  1. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  4. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  5. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.