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Opinions Aug. 9, 2011

August 9, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Steven Buse, Kathleen Payne, et al. v. Trustees of the Luce Township Regional Sewer District
74A05-1009-PL-590
Civil plenary. Reverses trial court’s conclusion that four counts of the property owners’ complaint constitute a public lawsuit against the Luce Township Regional Sewer District, pursuant to Indiana Code 34-6-2-124. Remands for further proceedings.

Indiana-Kentucky Electric Corp., et al. v. Save the Valley, et al.
49A02-1011-MI-1178
Miscellaneous. Affirms trial court’s determination that Indiana-Kentucky Electric Corp. (IKEC) may not relitigate the issue of associational standing arising from Save the Valley, Inc. v. Indiana-Kentucky Elec. Corp., 820 N.E.2d 677 (2005). Holds that law-of-the-case doctrine bars IKEC from doing so, and that the Indiana Supreme Court has previously held that groups challenging IKEC’s solid waste permit could seek administrative review under the doctrine of associational standing.

Stephen M. Scheckel v. NLI, Inc.
02A04-1010-SC-645
Small claim. Reverses trial court’s grant of summary judgment in favor of NLI. Holds that the trial court erred when it found that the condition of the tree on NLI’s property that damaged the appellant’s property did not pose an unreasonable risk of harm. Remands for the entry of judgment consistent with the COA opinion.

Brian Haehl v. David Montgomery and Phyliss Crumbo
22A01-1007-TR-319
Trust. Affirms trial court’s denial of attorney fees and additional compensation in favor of Haehl, reverses the court’s award of attorney fees in favor of the appellees, and remands for the court to revise its 2010 order consistent with the COA opinion. Holds that the court’s award of attorney fees under Ind. Code 30-4-3-22(e) was erroneous.

Bethany Quiring, Linda Ann Johnston f/k/a Linda Ann Lougher, et al. v. Geico General Insurance Company
52A02-1012-CT-1434
Civil tort. Affirms trial court’s denial of Quiring’s motion to dismiss or stay, finding she was not a resident of her mother’s household when she sought underinsured motorist benefits under a GEICO insurance policy issued to her mother.

Joseph A. Kelley v. Jagdish Patel, Jayandra Patel, d/b/a Economy Inn and Indiana Insurance
79A02-1010-CT-1212
Civil tort. Affirms trial court’s entry of summary judgment in favor of Indiana Insurance on the estate’s claim of spoliation of evidence, holding that a cause of action is not available under the facts of the case.

Michael Johnson v. State of Indiana (NFP)
61A01-1101-CR-23
Criminal. Affirms revocation of probation.

Ronald Miller v. State of Indiana (NFP)
49A02-1101-CR-3
Criminal. Affirms convictions of Class A misdemeanor invasion of privacy and resisting law enforcement.

Michelle Hager v. Robert and Sue Faris (NFP)
32A01-1103-CT-89
Civil tort. Affirms trial court’s order granting summary judgment in favor of appellees.

Gabriel L. Hill v. Jana E. Hill (NFP)
49A02-1009-DR-1193
Domestic relation. Affirms trial court’s award of attorney fees to wife and finds the amount appropriate. Affirms division of marital estate and child support order.

Term. of Parent-Child Rel. of C.K., et al.; D.A. v. I.D.C.S. (NFP)
29A02-1101-JT-51
Juvenile. Affirms termination of parental rights.

Jennifer Curts v. David Curts (NFP)
29A02-1010-DR-1138
Domestic relation. Affirms trial court’s judgment in divorce, stating appellant failed to present a cogent argument on any claims on appeal.

Jeremy Klakamp v. State of Indiana (NFP)
73A01-1003-CR-189
Criminal. Affirms conviction of and sentence for murder.

Tommy D. Ford v. State of Indiana (NFP)
45A05-1009-PC-610
Post conviction. Affirms denial of post-conviction relief.

Term. of Parent-Child Rel. of T.D., et al.; J.D. v. I.D.C.S. (NFP)
03A01-1102-JT-46
Juvenile. Affirms termination of parental rights.

Danielle L. Green v. State of Indiana (NFP)
49A02-1101-CR-16
Criminal. Affirms convictions of two counts of Class D felony neglect of a dependent.

The Matter of the 2008 Hancock County Tax Sale (NFP)
30A01-1102-PL-56
Civil plenary. Reverses trial court’s order, holding that the court committed prima facie error in finding it lacked jurisdiction to determine the merits of appellant’s claim. Remands to the trial court with instructions to address appellant’s petition for payment of redemption interest.

Gary Moody v. State of Indiana (NFP)
41A01-1012-CR-649
Criminal. Affirms conviction of disorderly conduct.

J.G. v. State of Indiana (NFP)
71A03-1101-JD-27
Juvenile. Affirms juvenile court’s placement of J.G. with the Department of Correction.

Beverly A. Fussner v. State of Indiana (NFP)
19A05-1012-CR-812
Criminal. Affirms trial court’s decision to allow the state to reopen its case after the state had rested.

James Hunter v. State of Indiana (NFP)
17A03-1102-CR-106
Criminal. Affirms sentence for Class B felony dealing in methamphetamine.

I.M. v. State of Indiana (NFP)
49A04-1101-JV-41
Juvenile. Reverses trial court’s order that I.M. pay restitution, holding there is no evidence that the court engaged in inquiry sufficient to determine whether I.M. would be able to pay restitution. Remands for new restitution hearing.

Andre L. Gorman v. State of Indiana (NFP)
02A04-1010-CR-640
Criminal. Affirms conviction of Class B felony dealing in cocaine or narcotic drug and related charges.

Robert Holland III v. Country Wide Home Loans, Inc. (NFP)
45A03-1008-MF-487
Mortgage foreclosure. Affirms trial court’s denial of motion set aside judgment, finding no allegations justifying relief under Indiana Trial Rule 60(B). Denies appellee’s request for attorney fees, finding Holland did not pursue his claim in bad faith.  

Terry T. Miles, Sr. v. State of Indiana (NFP)
18A04-1103-CR-117
Criminal. Affirms trial court’s determination that Miles violated the terms of his home detention.

Dean C. Williams v. State of Indiana (NFP)
29A02-1011-PC-1361
Post conviction. Affirms denial of post-conviction relief.

Aaron Davidson v. State of Indiana (NFP)
71A03-1005-CR-298
Criminal. Affirms conviction of Class B felony dealing in methamphetamine.

Indiana Tax Court had posted no opinions at IL deadline.

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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