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Opinions Aug. 7, 2012

August 7, 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

Warrick County, Indiana, A Political Subdivision, by and through its County Commissioners, Nova Conner, Don Williams, and Phillip Baxter, and Cincinnati Insurance Co. v. William Hill and Stacy Hill
87A01-1201-PL-8
Civil plenary. Affirms denial of summary judgment for Warrick County in an action brought against it and Cincinnati Insurance Co. by William and Stacy Hill. Agrees with trial court conclusion that the Hills filed their notice under the Indiana Tort Claims Act within 180 days and that the Hills did not discover the source of the damage to their home until 2007, so the claims are within the six-year statute of limitations on actions for injury to property other than personal property.

Matthew Manuel v. State of Indiana
49A02-1112-CR-1135
Criminal. Affirms conviction of Class D felony domestic battery following a bench trial. The trial court did not abuse its discretion when it did not allow Manuel to cross-examine his live-in girlfriend about a 2005 domestic battery charge or when it allowed the state to ask D.S. whether she had testified truthfully. The state produced sufficient evidence to support the conviction.

Dean V. Kruse Foundation, Inc., Dean Kruse and Kruse International v. Jerry W. Gates
59A05-1201-CT-37
Civil tort. Reverses judgment that the forfeiture provision in the purchase agreement between Kruse and Gates constituted a liquid damages clause. Finds the provision in this agreement indicates an intent to penalize the purchaser for a breach rather and an intent to compensate the seller in the event of a breach, which support interpreting it as a penalty rather than one providing for liquidated damages. Remands with instructions for the trial court to calculate the measure of damages as a result of Gates’ breach of contract.

James E. Corry and Gayle Corry v. Steve Jahn, Woodland Homes of Ft. Wayne, LLC, Scott R. Malcolm, Oakmont Development Co. LLC, and Mike Thomas Associates/F.C. Tucker, Inc.
02A03-1107-PL-323
Civil plenary. Affirms summary judgment to Oakmont and Mike Thomas Associates/F.C. Tucker on the Corrys’ suit for breach of contract, breach of fiduciary duty, breach of warranty, negligence, and fraud; affirms denial of the Corrys’ motion to correct error and the entry of judgment upon the partial summary judgment order. Oakmont and MTA were not parties to the contract litigation at issue in this litigation and the trial court property declined to impose an implied warrant of habitability on Oakmont and MTA where the builder was the entity best positioned to prevent the harm.

Naveed Gulzar v. State of Indiana
20A03-1202-PC-88
Post conviction. Affirms denial of post-conviction relief. Gulzar claimed that his trial counsel was ineffective for failing to advise him that automatic deportation was a consequence of his pleading guilty to theft. He failed to demonstrate prejudice as a result of his attorney’s lack of advisement.

Darrell Lawrence v. State of Indiana (NFP)
49A02-1110-CR-938
Criminal. Dismisses state’s cross-appeal of dismissal of Class B felony possession of cocaine, reverses one conviction of resisting law enforcement by force and remands to the trial court.

Raymon Johnson v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony battery on a law enforcement officer resulting in bodily injury in one case and the revocation of probation in another case because of the commission of this crime.

In re the Marriage of: Dennis Coffman v. Jennifer Coffman (NFP)
31A01-1110-DR-488
Domestic relation. Finds the trial court abused its discretion in excluding the debts resulting from the loans from Dennis Coffman’s parents from the marital estate, and when the court failed to take into account his post-separation payments of an insurance settlement to Jennifer Coffman. Affirms distribution of the parties’ personal property. Remands with instructions.

Kevin K. Cotton v. State of Indiana (NFP)
64A05-1111-CR-641
Criminal. Affirms revocation of probation.

Dustin L. Bess v. State of Indiana (NFP)
20A04-1112-CR-701
Criminal. Affirms 45-year sentence for Class A felony burglary.

Term. of Parent-Child Rel. of X.B. and L.B. (Minor Children) and J.B. (Father) v. Indiana Dept. of Child Services (NFP)
71A03-1201-JT-26
Juvenile termination. Affirms termination of parental rights.
 

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  1. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

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  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

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  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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