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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. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  2. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  3. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  4. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  5. Why do so many lawyers get away with lying in court, Jamie Yoak?

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