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Opinions Aug. 12, 2011

August 12, 2011
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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.

 

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  1. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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