ILNews

Opinions August 24, 2011

August 24, 2011
Keywords
Back to TopE-mailPrintBookmark and Share

7th Circuit Court of Appeals
Arboleda Ortiz v. Thomas Webster, Doctor
10-2012
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge Larry McKinney.
Civil. Vacates summary judgment for Dr. Webster and remands with instructions that the case proceed to trial. This is the second time the case has come on appeal and the first time, the 7th Circuit reversed summary judgment for the doctor on the grounds that Ortiz had established fact disputes on the seriousness of his eye condition and the constitutionally of Webster’s delayed response. The record had changed very little on remand yet the District Court granted summary judgment for the doctor. Judge Kanne dissents.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Jesus A. Villagrana v. State of Indiana
08A05-1101-CR-21
Criminal. Reverses conviction of Class D felony neglect of a dependent. Villagrana was negligent, but the child neglect statute requires intent beyond negligence.

Kerwin Masten and Heather Masten v. AMCO Insurance Company
49A02-1009-CT-998
Civil tort. Reverses summary judgment for AMCO Insurance Co. The trial court erred in concluding as a matter of law that no underinsured motorist coverage is available to the Mastens. Remands for further proceedings.

Stephen L. Gilmore v. State of Indiana
40A01-1011-CR-553
Criminal. Reverses on interlocutory appeal the order finding that Gilmore was no longer indigent and that he had waived or forfeited his right to appointed counsel by his obstreperous conduct. The trial court abused its discretion by finding that Gilmore was not indigent and it retains the ability to order him to reimburse the costs of his defense to the extent he is able to do so. Gilmore is entitled to a hearing during which he should be warned that if his difficult behavior persists, the trial court will find he has chosen self-representation by his own conduct. Remands for further proceedings.

S.G. v. State of Indiana
49A05-1011-JV-736
Juvenile. Affirms in part and reverses in part S.G.’s adjudication as a delinquent child for committing what would be Class D felony receiving stolen property if committed by an adult. The facts of this case do not satisfy the requirements of a custodial interrogation and the introduction of S.G.’s statements did not violate Article I, Section 14 of the Indiana Constitution. The trial court abused its discretion in imposing a restitution order in an amount allegedly greater than the victim’s actual loss. Orders a new restitution hearing held if the state desires.

Carrie Chapman v. Irrevocable Trust of Stephen Chapman
02A03-1012-TR-624
Trust. Affirms trial court’s decision with regard to its exercise of jurisdiction over the trust proceedings. Carrie has not established that the trial court could not or should not have exercised jurisdiction over the trust as the subject matter of the trust reformation and the Chapmans’ divorce proceedings is not the same or substantially the same. The trial court erred when it determined the trustees weren’t required to establish that the dissolution was unforeseeable. Because the trustees failed to prove that the dissolution at the time of distribution was unforeseen or not anticipated as required, reverses modification of trust that delayed distribution to Stephen until after the dissolution is final or any appeal therefrom.

Dalmas Maurice Otieno Anyango, et al. v. Rolls Royce Corp., et al.
49A04-1011-CT-679
Civil tort. Affirms grant of Rolls Royce and other appellees’ motion to dismiss on the grounds of forum non conveniens the Anyanagos’ complaint for strict liability and wrongful death. Even if the trial court had not granted the motion to dismiss, the law of British Columbia would apply in Indiana, and the trial court did not err in granting the motion to dismiss based on forum non conveniens.

Matthew Erin Koch v. State of Indiana
82A01-1004-CR-154
Criminal. Affirms kidnapping, robbery, and battery convictions because evidence of probative value was presented at trial from which a jury could find Koch kidnapped Le in Indiana and that the robbery and battery offenses were integrally related. Vacates Koch’s convictions of two counts of Class B felony criminal confinement because of double jeopardy. Reverses 45-year aggregate sentence and remands with instructions to impose an aggregate sentence of 30 years. Judge Riley dissents regarding the sentence revision.

Travelers Insurance Companies, et al. v. Maplehurst Farms, Inc., et al.
49A04-1006-PL-394
Civil plenary. Reverses summary judgment for Maplehurst that directed Travelers to reimburse Maplehurst for the pre-notice costs and indemnity expenses. The trial court erred in doing so in light of Dreaded Inc. v. St. Paul Guardian Ins. Co. Maplehurst is not entitled to an award of its attorney fees from Travelers. Remands with instructions to enter summary judgment in Travelers’ favor as to those costs and expenses and for further proceedings. Judge May dissents.

James R. Sapp v. Flagstar Bank, FSB
49A02-1101-PL-4
Civil plenary. Affirms in part and reverses in part the denial of Sapp’s motion to correct error, which challenged a summary judgment order upon the claims of Flagstar Bank against Sapp for breach of contract, theft, and unjust enrichment. A genuine issue of material fact remains as to whether or not the bank’s loss of the check and two-month acquiescence was a failure to exercise ordinary care regarding the breach of contract claim. Sapp is entitled to summary judgment on the theft claim because Flagstar didn’t show that Sapp’s control was without authorization such that he could have been found to have criminally stolen the funds. He is also entitled to summary judgment on the unjust enrichment claim. Reverses award of attorney fees for Flagstar. Remands for trial only on the contract claim.

Larry D. Smith v. State of Indiana (NFP)
57A03-1102-CR-89
Criminal. Affirms sentence following guilty plea to Class C felony aiding in burglary.

Anthony W. Taylor v. Mark Sevier (NFP)
52A02-1010-MI-1252
Miscellaneous. Affirms dismissal of Taylor’s petition for writ of habeas corpus.

Troy T. Hardesty v. State of Indiana (NFP)
71A04-1012-CR-819
Criminal. Affirms conviction of Class C felony burglary.

D.R., Alleged to be CHINS; E.D. v. IDCS and Child Advocates (NFP)
49A02-1012-JC-1416
Juvenile. Affirms determination that D.R. was a child in need of services.

Terrell B. Wofford v. State of Indiana (NFP)
45A03-1011-CR-572
Criminal. Affirms conviction of and sentence for Class A felony battery.
 
Sanchez M. Ellis v. State of Indiana (NFP)
02A03-1012-CR-673
Criminal. Affirms convictions of Class C felony battery, Class D felony battery, and Class D felony resisting law enforcement.

James J. Duchene v. State of Indiana (NFP)
84A01-1012-CR-679
Criminal. Affirms order revoking probation and imposition of 18 months of previously suspended sentence.

Peter Johnson v. Keith Sove (NFP)
06A01-1102-SC-73
Small claims. Affirms denial of Johnson’s motion to correct error following the denial of his motion to set aside a default judgment in favor of Sove.

William Sebastian, Jr.v. State of Indiana (NFP)
14A01-1012-CR-655
Criminal. Affirms denial of jail credit time.

State of Indiana v. Steven Hollin (NFP)
69A05-1101-PC-113
Post conviction. Reverses grant of Hollin’s petition for post-conviction review. Remands with instructions to deny the petition for post-conviction relief.

Brian E. Crist, Jr. v. State of Indiana (NFP)
27A02-1011-CR-1285
Criminal. Affirms conviction of Class C felony battery.

Thomas E. Curtis v. State of Indiana (NFP)
18A05-1101-CR-48
Criminal. Reverses conviction of felony murder and remands with instructions.

Indiana Tax Court had posted no opinions at IL deadline.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  2. Do you know who the sponsor of the last-minute amendment was?

  3. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  4. My husband left me and the kids for 2 years, i did everything humanly possible to get him back i prayed i even fasted nothing worked out. i was so diver-stated, i was left with nothing no money to pay for kids up keep. my life was tearing apart. i head that he was trying to get married to another lady in Italy, i look for urgent help then i found Dr.Mack in the internet by accident, i was skeptical because i don’t really believe he can bring husband back because its too long we have contacted each other, we only comment on each other status on Facebook and when ever he come online he has never talks anything about coming back to me, i really had to give Dr.Mack a chance to help me out, luckily for me he was God sent and has made everything like a dream to me, Dr.Mack told me that everything will be fine, i called him and he assured me that my Husband will return, i was having so many doubt but now i am happy,i can’t believe it my husband broke up with his Italian lady and he is now back to me and he can’t even stay a minute without me, all he said to me was that he want me back, i am really happy and i cried so much because it was unbelievable, i am really happy and my entire family are happy for me but they never know whats the secret behind this…i want you all divorce lady or single mother, unhappy relationship to please contact this man for help and everything will be fine i really guarantee you….if you want to contact him you can reach him through dr.mac@yahoo. com..,

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

ADVERTISEMENT