Opinions Aug. 6, 2010

August 6, 2010
Back to TopE-mailPrintBookmark and Share

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
State of Indiana v. Jeffrey Brunner
Criminal. Reverses and remands with instructions trial court’s October 2009 order modifying Brunner’s August 2000 conviction from a Class D felony to a Class A misdemeanor. The parties raised two issues for review: whether the state’s appeal was authorized by law, and whether the trial court erred in granting Brunner’s petition for relief. The Court of Appeals held that Brunner’s request, nine years after the trial court’s entry of judgment, to reduce the Class D felony to a Class A misdemeanor was a petition for post-conviction relief, from which the state may appeal. The COA also held Indiana Code Section 35-50-2-7(b) does not authorize the relief granted.
James D. Callaway, et al. v. Hannah Callaway, et al.
Civil. Affirms jury verdict upholding validity of the Last Will and Testament of John L. Callaway. His sons appealed on the issues of whether the will was published in accordance with Indiana Code Section 29-1-5-3; whether the will was executed and witnessed in accordance with Indiana Code Section 29-1-5-3; and whether the trial court abused its discretion when it rejected one of the sons’ proposed jury instructions.
Raytheon Engineers & Constructors, Inc. v. Sargent Electric Company Ryerson Tull, Inc., et al.
Civil. Affirms grant of summary judgment to the third-party defendant, Sargent Electric Company. Raytheon Engineers and Constructors Inc., the third-party plaintiff in the trial court, appealed the grant of summary judgment and raised the following issue for review: whether the trial court erred when it granted Sargent’s motion for summary judgment. COA held Sargent did not breach its duty of care to Raytheon and that Raytheon is not entitled to indemnification from Sargent.
Rebecca Abbott v. Mainsource Financial Group
Civil. Affirms single denial of Abbott’s application for adjustment of claim with the Worker’s Compensation Board of Indiana against her employer, MainSource Financial Group. Abbott sought compensation for two prescription medications she alleged she must take indefinitely as a result of her work-related injury. A single hearing judge concluded the evidence did not support her contention that the prescriptions were necessitated by her work-related injury. When she petitioned the full board to review the single hearing judge’s decision, the board affirmed the judge’s decision following a hearing.
Patrick Roberts, et al. v. Robert A. Feitz, et al.
Civil. Affirms the trial court’s judgment in favor of appellees-defendants Robert and Bob Feitz’ counterclaim, determining that the Feitzes are legal owners of the disputed access lane.
Crystal Summerlot v. State of Indiana (NFP)
Criminal. Affirms convictions of and sentences for two counts of Class C felony dealing in a schedule IV controlled substance.

David L. Green v. State of Indiana (NFP)
Post-conviction. Affirms denial of petition for post-conviction relief.
Lester Rowe v. State of Indiana (NFP)
Post-conviction. Affirms denial of petition for post-conviction relief.
Justin A. Heintzelman v. State of Indiana (NFP)
Criminal. Affirms convictions of Class D felony resisting law enforcement and Class A misdemeanor operating a vehicle while suspended.
William Scott Phillips v. State of Indiana (NFP)
Criminal. Affirms sentence for Class D felony theft and Class D felony possession of a controlled substance.
Cynthia A. Soames v. Indiana Dept. of Natural Resources and Thomas A. Young/Young Oil Company (NFP)
Civil. Affirms trial court’s denial of Soames’ verified petition for judicial review of the Natural Resource Commission’s final order requiring her to refrain from interfering with Thomas Young/Young Oil Company’s efforts to plug three oil wells on her property.
Angel Braster v. Indiana Department of Child Services (NFP)
Civil plenary. Affirms trial court order upholding a finding of the Department of Child Services, which substantiated that Braster had abused a child in her care.
Julian D. Grady v. State of Indiana (NFP)
Criminal. Affirms conviction of robbery, a Class B felony; and pointing a firearm, a Class D felony.
Larry O. Holder Jr. v. State of Indiana (NFP)
Criminal. Affirms trial court’s order revoking probation and imposing the previously suspended portion of Holder’s sentence for burglary, a Class B felony.

Indiana Tax Court had posted no opinions at IL deadline.


Sponsored by
Subscribe to Indiana Lawyer
  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.