ILNews

Opinions Aug. 12, 2011

August 12, 2011
Keywords
Back to TopE-mailPrintBookmark and Share

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals

LaDon Moore v. Review Board and Whitington Homes and Services
93A02-1005-EX-529
Civil. Affirms finding that Moore was discharged by her employer for just cause. Finds that publishing the names of the parties involved in cases with the Review Board of the Indiana Department of Workforce Development is essential to eliminate confusion and to increase efficiency.

Imari C. Butler v. State of Indiana
49A04-1012-CR-775
Criminal. Affirms convictions of Class B felony rape, Class B felony criminal deviate conduct, Class C felony criminal confinement, and Class D felony sexual battery. The trial court abused its discretion in admitting portions of Butler’s taped statement, but the error was harmless.  

Farah, LLC, et al. v. Architura Corporation
49A05-1012-PL-793
Civil plenary. Reverses award of $26,166 in principal and $15,000 in attorney fees on Architura’s mechanic’s lien claim. The principal mechanic’s lien amount must be reduced to $7,500. Remands for the trial court to recalculate the amount of prejudgment interest to which Architura is entitled. Affirms decision to not award damages on Farah’s claim that Architura failed to adequately inspect the premises and affirms the amount of damages awarded to Farah for Architura’s breaches of contract.

James C. Purcell v. Old National Bank
49A02-1005-CT-482
Civil tort. Affirms the trial court did not abuse its discretion when it granted judgment on the evidence in favor of Old National Bank regarding Purcell’s negligence and constructive fraud claims because ONB did not owe Purcell a duty as a subordinate creditor. Reverses grant of judgment on the evidence on Purcell’s other claims because answers to an earlier interrogatory present a genuine issue of material fact regarding those claims. Affirms denial of ONB’s motion for attorney fees and costs because Purcell’s claims were not groundless. Remands for further proceedings.

Michael R. Arbuckle v. Ann C. Arbuckle (NFP)
49A02-1009-DR-1083
Domestic relation. Affirms denial of emergency motion to review commissioner’s sale.

Johnny W. Jordan v. State of Indiana (NFP)
49A02-1011-CR-1230
Criminal. Affirms conviction of Class A felony dealing in cocaine.

Michael Brown v. State of Indiana (NFP)
49A02-1011-CR-1200
Criminal. Affirms convictions of and consecutive sentences for two counts of murder.

Term. of Parent-Child Rel. of A.D.C., et al.; A.M.C. v. IDCS (NFP)
02A03-1102-JT-120
Juvenile. Affirms involuntary termination of parental rights.

Amit Patel v. State of Indiana (NFP)
49A05-1101-CR-104
Criminal. Affirms post-conviction court’s denial of Patel’s motion for dismissal.  

Jerome White v. State of Indiana (NFP)
49A02-1101-CR-29
Criminal. Affirms conviction of Class D felony residential entry.

Christopher Kimbrell v. State of Indiana (NFP)
49A02-1008-PC-1012
Post conviction. Affirms denial of petition for post-conviction relief.

Paternity of S.K., et al.; J.K. v. J.K. (NFP)
50A03-1101-JP-39
Juvenile. Affirms denial of mother’s motion to modify custody. Affirms denial of father’s motion for attorney fees.

Carl S. Hall v. State of Indiana (NFP)
71A03-1005-CR-318
Criminal. Affirms revocation of probation and convictions of Class B felony burglary and Class D felony theft.

Donald H. Westfall v. Wal-Mart Stores East (NFP)
77A01-1012-CT-665
Civil tort. Reverses summary judgment for Wal-Mart Stores East in Westfall’s complaint alleging negligence against Wal-Mart.

Kevin J. Brown v. State of Indiana (NFP)
49A02-1012-CR-1283
Criminal. Affirms conviction of Class C felony attempted robbery.

Dillon L. Phillips v. State of Indiana (NFP)
59A01-1012-CR-684
Criminal. Reverses sentence following guilty plea to three counts of Class B felony burglary, three counts of Class D felony theft, and one count of Class D felony criminal confinement. Reduces sentence by running all counts concurrent to each other for the aggregate sentence of 10 years, with six years executed and four years served on probation.

Steven Everett v. State of Indiana (NFP)
29A02-1012-CR-1396
Criminal. Affirms convictions of Class D felony operating a motor vehicle while privileges are suspended and Class C misdemeanor operating a motor vehicle with an alcohol concentration equivalent of at least 0.08.

Robert Thomas v. State of Indiana (NFP)
69A04-1012-CR-803
Criminal. Affirms conviction of and sentence for Class B felony sexual misconduct with a minor.

Term. of Parent-Child Rel. of C.B., et al.; W.B. v. IDCS (NFP)
88A01-1011-JT-571
Juvenile. Affirms termination of parental rights.

J.M. v. J.W. (NFP)
36A01-1104-DR-164
Domestic relation. Reverses order modifying custody, parenting time, and child support. Remands with instructions.

Term. of Parent-Child Rel. of M.R.; M.R. v. IDCS, et al. (NFP)
49A04-1012-JT-810
Juvenile. Affirms termination of parental rights.

Kevin J. Byers v. Consolidated Union, Inc. (NFP)
52A04-1012-CT-767
Civil tort. Affirms summary judgment for Consolidated Union in Byers’ suit alleging negligence and failure to contract for insurance coverage as requested.

Term. of Parent-Child Rel. of R.S., et al.; C.S. v. IDCS (NFP)
79A04-1101-JT-54
Juvenile. Affirms termination of parental rights.

Paternity of C.P.; B.S. v. J.P. (NFP)
90A02-1102-JP-92
Juvenile. Dismisses appeal of denial of B.S.’s petition to modify custody.

Indiana Tax Court had posted no opinions at IL deadline.

 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. 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???

  4. 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

  5. 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

ADVERTISEMENT