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Opinions Aug. 6, 2010

August 6, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
State of Indiana v. Jeffrey Brunner
57A04-1003-CR-121
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.
28A04-0908-CV-467
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.
45A04-0909-CV-524
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
93A02-0912-EX-1261
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.
71A04-0910-CV-581
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)
85A02-1002-CR-303
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)
29A02-1002-PC-141
Post-conviction. Affirms denial of petition for post-conviction relief.
 
Lester Rowe v. State of Indiana (NFP)
49A02-0911-PC-1061
Post-conviction. Affirms denial of petition for post-conviction relief.
 
Justin A. Heintzelman v. State of Indiana (NFP)
02A04-0911-CR-648
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)
34A05-1003-CR-162
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)
49A05-0912-CV-726
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)
02A05-1002-PL-121
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)
02A04-1004-CR-210
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)
63A01-1002-CR-65
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.
 

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

  2. 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

  3. 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

  4. It's a capital offense...one for you Latin scholars..

  5. I would like to suggest that you train those who search and help others, to be a Confidential Intermediary. Original Birth Certificates should not be handed out "willie nillie". There are many Birth Parents that have never told any of their families about, much less their Husband and Children about a baby born prior to their Mother's marriage. You can't go directly to her house, knock on her door and say I am the baby that you had years ago. This is what an Intermediary does as well as the search. They are appointed by by the Court after going through training and being Certified. If you would like, I can make a copy of my Certificate to give you an idea. you will need to attend classes and be certified then sworn in to follow the laws. I still am active and working on 5 cases at this time. Considering the fact that I am listed as a Senior Citizen, that's not at all bad. Being Certified is a protection for you as well as the Birth Mother. I have worked with many adoptees as well as the Birth Parents. They will also need understanding, guidance, and emotional help to deal with their own lost child and the love and fear that they have had locked up for all these years. If I could talk with those involved with the legal end, as well as those who do the searches and the Birth Mothers that lost their child, we JUST might find an answer that helps all of those involved. I hope that this will help you and others in the future. If you need to talk, I am listed with the Adoption Agencies here in Michigan. They can give you my phone number. My email address is as follows jatoz8@yahoo.com. Make sure that you use the word ADOPTION as the subject. Thank you for reading my message. Jeanette Abronowitz.

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