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Opinions Aug. 8, 2013

August 8, 2013
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Indiana Supreme Court
Mary Alice Manley, and Gary Manley v. Ryan J. Sherer, M.D., and Sherer Family Medicine, P.C.
59S01-1205-PL-249
Civil plenary/medical malpractice. Reverses grant of summary judgment in favor of defendants and remands for further proceedings, finding issues of material facts exist as to when plaintiffs knew of alleged malpractice or learned of the facts that should lead to the discovery of malpractice and resulting injury. Summary judgment should have been denied as to the defendants’ claim of absence of an element of causation necessary to establish liability.

Indiana Court of Appeals
In Re: The Carroll County 2012 Tax Sale Twin Lakes Regional Sewer District v. Steven E. Hruska, Virginia Hanna & Equity Trust Co. FBO#80677 & Carroll Cnty, Indiana, by & through Carroll Cnty Auditor
08A02-1303-MI-220
Mortgage foreclosure. Affirms judgment of trial court that the properties could not be sold at the tax sale because the only liens on the property were sewer liens. Rules lower court properly applied Indiana Code Section 13-26-14-4 which prohibits foreclosure in cases where only a sewer lien has been filed against the property.

Jeffrey G. Tourney v. State of Indiana (NFP)
02A03-1211-CR-503
Criminal. Affirms three-year executed sentence for conviction of two counts of class D felony criminal mischief, and found counts of Class A misdemeanor cruelty to an animal.

Mickey L. Whitlock v. State of Indiana (NFP)
79A02-1210-CR-850
Criminal. Affirms denial of modification of a 36-year executed sentence on a conviction of Class A felony burglarly resulting in bodily injury.

Reginald D. Baker v. State of Indiana (NFP)
02A05-1301-CR-32
Criminal. Affirms three-year aggregate sentence for conviction of Class D felony counts of domestic battery and strangulation.

Timothy R. Thacker v. State of Indiana (NFP)
20A03-1212-CR-558
Criminal. Affirms in part, reverses in part and remands, ordering the court to vacate one of two convictions and sentences for Class D felony theft and receiving stolen property, holding the that the convictions violate the principles of double jeopardy.

Anthony J. Gipson v. State of Indiana (NFP)
46A04-1304-CR-154
Criminal. Reverses and remands denial of a petition for credit time not previously awarded by the Department of Correction for educational credits and orders further proceedings.

Tamera Richards v. State of Indiana (NFP)
79A02-1301-CR-38
Criminal. Affirms 25-year sentence for conviction of Class B felony causing death while operating a motor vehicle with a schedule I or II controlled substance in the body, which was enhanced for being a habitual substance offender.

Jeffrey Alan Davis v. State of Indiana (NFP)
83A01-1301-CR-44
Criminal. Affirms on interlocutory appeal denial of motion to suppress evidence in a search of his residence that led to charges of manufacturing and dealing methamphetamine.

Kenneth Frye v. State of Indiana (NFP)
89A05-1211-CR-577
Criminal. Affirms 55-year sentence for conviction of murder.

Zachariah Brownie v. State of Indiana (NFP)
49A04-1301-CR-3
Criminal. Affirms revocation of probation on a conviction of Class D felony criminal confinement.

Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.



 

 
 

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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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