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Opinions Aug. 31, 2012

August 31, 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
Seabrook, Dieckmann & Naville, Inc. v. Review Board of the Indiana Dept. of Workforce Development and Monica Hilbert
93A02-1202-EX-100
Agency action. Reverses board’s conclusion that Hilbert’s employment was not terminated for just cause. Based on the evidence and testimony, Seabrook Dieckmann & Naville showed that Hilbert breached a duty in connection with work which was reasonably owed to her employer and her conduct was of such a nature that a reasonable employee would understand that the conduct was a violation of a duty owed to the funeral home. Remands for further proceedings.

Patricia J. Barrow and Charlie Hanka v. City of Jeffersonville, Jeffersonville Planning and Zoning Dept., Jeffersonville Board of Zoning Appeal, Jeffersonville Building Comm., et al.
10A05-1112-PL-647
Civil plenary. Affirms conclusion that Chester Hicks, city director of planning and zoning, and Russell Segraves, city building commissioner, were public officers and the statute of limitations in I.C. 34-11-2-6 was applicable to this case. Concludes that the director and building commissioner were public officers because both held positions for which duties are prescribed by law to serve a public purpose. Reverses summary judgment for the defendants because the plaintiffs’ complaint was timely filed.

Wabash County Young Men's Christian Association, Inc. f/k/a Wabash Community Service v. Taylor M. Thompson, a minor, by next friends, Brian Thompson and Charlene Thompson
85A05-1203-CT-138
Civil tort. Reverses order denying the YMCA’s motion to dismiss a negligence complaint brought by a 17-year-old injured while playing softball from sliding into base. The release form signed by Taylor Thompson’s mother was valid, and the teen’s injury was derived from a risk inherent in the nature of playing softball.

Term. of the Parent-Child Rel. of: B.F. (Minor Child), and M.G. & S.F. (Father & Mother) v. The Indiana Dept. of Child Services
26A04-1202-JT-90
Juvenile. Reverses termination of parental rights. The trial court committed fundamental error in terminating the parents’ rights when the child was removed under a dispositional decree for less than six months.

Alice Lee v. State of Indiana
49A02-1112-CR-1090
Criminal. Affirms conviction of attendance at an animal fighting contest as a Class A misdemeanor. Indiana Code 34-46-3-10 is not unconstitutionally vague.

Roderick Vandrell Lewis v. State of Indiana (NFP)
02A03-1201-CR-18
Criminal. Affirms convictions of two counts of felony murder.

Carroll S. Channell, Trustee of the Revocable Living Trust of Carroll S. Channell dated August 21, 2000, et al. v. Tim Moffatt and Bill Moffatt (NFP)
59A04-1112-PL-664
Civil plenary. Affirms pre-trial order resolving all pending motions in an action originally brought to quiet title to real estate located in Orange County. Remands for further proceedings.

Jeremy Lamar Lloyd v. State of Indiana (NFP)
45A04-1202-CR-79
Criminal. Affirms sentences for two counts of Class C felony burglary.

Term. of the Parent-Child Rel. of S.S., minor child, and D.S., mother, and W.S., father; D.S. and W.S. v. Indiana Dept. of Child Services (NFP)
53A05-1112-JT-673
Juvenile. Affirms involuntary termination of parental rights.

B.C. v. State of Indiana (NFP)
15A01-1202-JV-68
Juvenile. Vacates order B.C. register as a sex offender as the order was premature and remands with instructions.

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  1. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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