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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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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