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Opinions Aug. 7, 2013

August 7, 2013
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Indiana Court of Appeals
Westminster Presbyterian Church of Muncie, an Indiana Non-Profit Corporation v. Yonghong Cheng and Hongjun Niu, Husband and Wife, as parents of Matthew Cheng, deceased
18A02-1210-CT-791
Civil tort. Affirms summary judgment in favor of Westminster in regard to an intentional infliction of emotional distress claim. Reverses denial of summary judgment on wrongful death and invasion-of-privacy claims and remands with instructions to grant summary judgment in favor of Westminster. Finds although the church recommended the babysitter, in whose care Matthew Cheng died, it did not owe a duty to the Cheng family as a matter of law. Also, rules the church’s publicizing the death did not invade on the Chengs’ privacy because the church did not reap any commercial value from doing so.

Centurion Federal Credit Union v. Michael Trible (NFP)
82A01-1210-PL-482
Civil plenary. Affirms trial court award of damages to Trible. Finds the trial court did not err in its holdings or in computing damages and that Trible did not fail to mitigate damages.  

Dominique L. White v. State of Indiana (NFP)
02A03-1212-CR-541
Criminal. Affirms sentence of 365 days after White pleaded guilty to operating a vehicle while intoxicated as a Class A misdemeanor.  

Dominique L. White v. State of Indiana (NFP)
02A05-1212-CR-651
Criminal. Affirms aggregate sentence of four years after White pleaded guilty to four counts of neglect of a dependent, each as a Class D felony; one count of operating a vehicle while intoxicated, as a Class D felony; and one count of driving while suspended, as a Class A misdemeanor.  

Dale R. Davidson v. State of Indiana (NFP)
82A01-1302-CR-56
Criminal. Remands for clarification of the sentence imposed on Davidson. Agrees with the state that it is not possible to ascertain what sentence was imposed upon Davidson for his convictions of residential entry, a Class D felony; and three Class A misdemeanors of battery, invasion of privacy and interference with reporting of a crime.

In the Matter of the Involuntary Term. of the Parent-Child Rel. of J.M., Minor child, and J.M. and Z.W. v. Indiana Dept. of Child Services (NFP)
20A03-1301-JT-19
Juvenile. Affirms the involuntary termination of the parental rights of J.M. (mother) and Z.W. (father).

Carlos Ramos v. State of Indiana (NFP)

49A02-1211-CR-949
Criminal. Affirms conviction of Class C felony sexual misconduct with a minor. Finds the evidence presented was sufficient to establish that Ramos understood his right to a trial by jury but preferred to proceed with a bench trial.  

John Jorman, Jr., v. State of Indiana (NFP)

49A04-1203-PC-163
Post conviction. Affirms denial of Jorman’s petition for post-conviction relief.

Daniel Aguilar, III v. State of Indiana (NFP)

64A05-1212-CR-665
Criminal. Affirms conviction of two counts of Class C felony child molesting. However, finds the trial court did not specify in the record the conditions of Aguilar’s probation, remands this case to the trial court so that it can specify in the record the terms of his probation.

Cody Steele v. State of Indiana (NFP)

49A05-1301-CR-14
Criminal. Affirms two-year sentence for escape, as a Class D felony, which was enhanced by one and one-half years due to Steele’s status as a habitual offender.

Shirley Jones v. State of Indiana (NFP)

49A05-1301-CR-4
Criminal. Affirms conviction of battery as a Class A misdemeanor. Concludes that the incredible dubiosity rule is inapplicable and that Jones’s conviction is supported by sufficient evidence.

The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline.

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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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