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Opinions Dec. 13, 2011

December 13, 2011
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court

Steven Spangler and Heidi Brown v. Barbara Bechtel, Expectations Women's Health and
Childbearing Center, and St. Vincent Randolph Hospital

49S05-1012-CV-703
Civil. Reverses summary judgment in favor of Bechtel and the health and childbearing center. The parents’ separate actions seeking damages for emotional distress from experiencing the stillbirth of their child are not barred by the Indiana Child Wrongful Death Act or the Indiana Medical Malpractice Act. Remands for further proceedings.

Indiana Court of Appeals
Richard M. Clokey v. Penny M. Bosley Clokey
84A01-1009-DR-450
Domestic relation. On rehearing, clarifies the issue of Richard Clokey’s ability to satisfy the maintenance obligation. Even though the trial court did not state so explicitly, the court considered his sources of income and his ability to pay the maintenance. Affirms original opinion in every respect.

Richard and Elizabeth Ryan v. Lawyers Title Insurance Corp. and Elaine E. English d/b/a Agri-Town Agency
56A03-1101-PL-75
Civil plenary. Affirms summary judgment in favor of Lawyers Title Insurance Corp. and English. The right of first refusal here was personal and terminated upon the death of Mary Keen as the last surviving grantor of the right. Under the terms of the purchase agreement, the Ryans’ right arose only if the Keens as the sellers offered the land for sale. Judge Baker concurs with separate opinion.

Robert E. Posey v. State of Indiana (NFP)
84A01-1103-CR-97
Criminal. Affirms conviction of Class A felony child molesting.

Donald Hurm v. State of Indiana (NFP)
82A01-1101-CR-21
Criminal. Affirms convictions of two counts of Class A felony child molesting and one count of Class C felony child molesting and remands with instructions to revise Hurm’s sentence. Judge Kirsch dissents in part.

The Huntington National Bank v. George P. Broadbent (NFP)
49A05-1012-CC-759
Civil collection. Reverses denial of Huntington’s motion for summary judgment and remands with instructions to enter summary judgment in favor of the bank and conduct a hearing to determine reasonable attorney fees.

Clifton J. Savage v. State of Indiana (NFP)
49A05-1104-CR-196
Criminal. Vacates Class D felony theft conviction and remands to the trial court to enter judgment accordingly. Affirms convictions of Class B felony burglary, Class C felony battery and Class A misdemeanor battery.

Nicholas Ryan v. State of Indiana (NFP)
49A02-1103-CR-230
Criminal. Reverses five convictions of Class B felony criminal confinement, but affirms five other convictions of Class B felony criminal confinement and eight Class B felony robbery convictions. Affirms sentence and remands to the trial court to amend its sentencing order and abstract of judgment.

M. Dale Palmer v. Kay Palmer (NFP)
32A01-1103-DR-108
Domestic relation. Affirms trial court’s property division in dissolution proceedings.

Edna Kelly v. Johnny Conway, d/b/a Conway Service (NFP)
49A02-1008-PL-1029
Civil plenary. Affirms judgment for Conway in suit alleging breach of contract.

Almaz M. Whyte v. Sam Christie (NFP)
45A05-1010-SC-749
Small claim. Affirms judgment in favor of Christie and against Whyte for $5,250 for the balance due on a verbal loan agreement made between the parties.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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