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Opinions Aug. 19, 2010

August 19, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Kari Heyser, et al. v. Noble Roman's, Inc., et al.
29A04-1002-PL-71
Civil plenary. Affirms partial summary judgment for Noble Roman’s Inc. and other defendants on Heyser and other franchisees’ claim for constructive fraud. The admission by the franchisees’ attorney that their fraud claims against the banks were based solely on allegedly fraudulent representations by Noble Roman’s, with whom the banks allegedly acted in conspiracy; and the franchisees were alleging actual fraud, not constructive fraud.

Jacqueline Babbitt v. Indiana State Police Trooper Officer E. Lamar Helmuth, in his official capacity (NFP)
71A05-0911-CV-646
Civil. Affirms dismissal of Babbitt’s complaint pursuant to Indiana Trial Rule 12(B)(6).

Grante Ficklin v. State of Indiana (NFP)
49A02-1001-CR-18
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Denise Diggins v. State of Indiana (NFP)
71A03-1001-CR-119
Criminal. Affirms conviction of Class D felony battery.

Midwest Psychological Center, Inc., and Dr. Shelvy Keglar v. Sylvia Funk, et al. (NFP)

49A05-0910-CV-586
Civil. Affirms summary judgment in favor of Funk and other employees or agents of the Indiana State Department of Administration and/or the Division of Disability, Aging, and Rehabilitative Services, Disability Determination Bureau in Midwest’s complaint after not being selected for a bid for a state psychological service contract.

Leroy N. Jones v. State of Indiana (NFP)
27A04-1002-CR-79
Criminal. Affirms convictions of Class A felony murder, Class B felony conspiracy to commit arson, two counts of Class B felony arson, Class C felony battery by means of a deadly weapon, and Class D felony intimidation.

TBS Development LLC, et al. v. Central Bank & Trust Co. (NFP)
15A01-0911-CV-540
Civil. Affirms finding TBS and other defendants committed fraud, fraud on a financial institution, conversion, and breach of contract, and award of treble damages and attorney’s fees.

Darby Hape v. State of Indiana (NFP)
19A05-1003-CR-163
Criminal. Affirms denial of petition for jail-time credit.

Taron Raphael Momon v. State of Indiana (NFP)
82A01-0912-CR-598
Criminal. Affirms sentence following guilty plea to Class B felony burglary and Class D felony theft.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

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  4. From the article's fourth paragraph: "Her work underscores the blurry lines in Russia between the government and businesses . . ." Obviously, the author of this piece doesn't pay much attention to the "blurry lines" between government and businesses that exist in the United States. And I'm not talking only about Trump's alleged conflicts of interest. When lobbyists for major industries (pharmaceutical, petroleum, insurance, etc) have greater access to this country's elected representatives than do everyday individuals (i.e., voters), then I would say that the lines between government and business in the United States are just as blurry, if not more so, than in Russia.

  5. For some strange reason this story, like many on this ezine that question the powerful, seems to have been released in two formats. Prior format here: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 That observed, I must note that it is quite refreshing that denizens of the great unwashed (like me) can be allowed to openly question powerful elitists at ICE MILLER who are on the public dole like Selby. Kudos to those at this ezine who understand that they cannot be mere lapdogs to the powerful and corrupt, lest freedom bleed out. If you wonder why the Senator resisted Selby, consider reading the comments here for a theory: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263

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