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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. "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

  2. 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."

  3. 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.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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