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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. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  2. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  3. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  4. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

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