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Opinions August 27, 2013

August 27, 2013
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Opinions, Aug. 27, 2013

Indiana Supreme Court
John W. Schoettmer & Karen Schoettmer v. Jolene C. Wright & South Central Community Action Program, Inc.
49S04-1210-CT-607
Civil Tort. Reverses grant of summary judgment in defendants favor and remands for further proceedings. Rules even though the Schoettmers filed their law suit against South Central well past the Indiana Tort Claims Act’s 180-day deadline, they should be allowed to present proof of estoppel to the trial court. Finds South Central never told John Schoettmer it was covered by the Act and that South Central’s insurer did not make a settlement offer until nearly three months after the ITCA deadline.

Indiana Court of Appeals
Alec Lucas v. State of Indiana
49A02-1301-CR-51
Criminal. Reverses and remands denial of a request to restrict access to arrest records for charges that were dropped as a result of a guilty plea to other charges relating to the same incident. The panel held that I.C. 35-38-5-5.5 is intended to apply to any dismissed charge and not just in cases where all charges have been dismissed.

Consolidated Insurance Company v. National Water Services, LLC.
59A05-1212-PL-632
Civil plenary. On interlocutory appeal, reverses denial of motion for judgment on the pleadings in favor of Consolidated Insurance Co., and remands with instructions to enter judgment for CIC. Because National Water Services settled with a former employee, it violated the subrogation clause of a CIC employee dishonesty policy under which the employee was covered, thereby releasing the insurer.

In the Matter of the Termination of the Parent-Child Relationship of: A.S.(Minor Child), and B.R.(Mother) v. The Indiana Department of Child Services (NFP)
46A04-1302-JT-58
Juvenile. Affirms termination of B.R.’s (mother) parental rights to her minor child, A.S. Finds the trial court did not abuse its discretion when it denied mother’s motion for a continuance.  

Gregory Eve v. State of Indiana (NFP)
49A05-1301-CR-31
Criminal. Affirms conviction and sentence for rape, a Class B felony.

The Indiana Tax Court issued no opinions by IL deadline Tuesday.
U.S. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Tuesday.

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  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. My situation was hopeless me and my husband was on the verge of divorce. I was in a awful state and felt that I was not able to cope with life any longer. I found out about this great spell caster drlawrencespelltemple@hotmail.com and tried him. Well, he did return and now we are doing well again, more than ever before. Thank you so much Drlawrencespelltemple@hotmail.comi will forever be grateful to you Drlawrencespelltemple@hotmail.com

  4. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  5. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

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