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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. Compromising precious constitutional rights in order to protect them? Rather like the military intelligence slogan that the town had to be destroyed in order to save it. Looks like Joseph, Mary and Baby Jesus will have quite the eventful Boxing Day this year. Wise men will arrive to find no one to accept their gifts? Oh well, wisdom not all that desired this xmas anyway. Maybe the ACLU and Christian attorneys can work out a "three days every third year" visitation compromise and all of this messy litigation stuff can just be boxed up as well? It is an art form, now isn't it? Thomas More, a man of manifold compromises is undoubtedly cheering on wildly.

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "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

  4. 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."

  5. 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.

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