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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. Bob Leonard killed two people named Jennifer and Dion Longworth. There were no Smiths involved.

  2. Being on this journey from the beginning has convinced me the justice system really doesn't care about the welfare of the child. The trial court judge knew the child belonged with the mother. The father having total disregard for the rules of the court. Not only did this cost the mother and child valuable time together but thousands in legal fees. When the child was with the father the mother paid her child support. When the child was finally with the right parent somehow the father got away without having to pay one penny of child support. He had to be in control. Since he withheld all information regarding the child's welfare he put her in harms way. Mother took the child to the doctor when she got sick and was totally embarrassed she knew nothing regarding the medical information especially the allergies, The mother texted the father (from the doctors office) and he replied call his attorney. To me this doesn't seem like a concerned father. Seeing the child upset when she had to go back to the father. What upset me the most was finding out the child sleeps with him. Sometimes in the nude. Maybe I don't understand all the rules of the law but I thought this was also morally wrong. A concerned parent would allow the child to finish the school year. Say goodbye to her friends. It saddens me to know the child will not have contact with the sisters, aunts, uncles and the 87 year old grandfather. He didn't allow it before. Only the mother is allowed to talk to the child. I don't think now will be any different. I hope the decision the courts made would've been the same one if this was a member of their family. Someday this child will end up in therapy if allowed to remain with the father.

  3. Ok attorney Straw ... if that be a good idea ... And I am not saying it is ... but if it were ... would that be ripe prior to her suffering an embarrassing remand from the Seventh? Seems more than a tad premature here soldier. One putting on the armor should not boast liked one taking it off.

  4. The judge thinks that she is so cute to deny jurisdiction, but without jurisdiction, she loses her immunity. She did not give me any due process hearing or any discovery, like the Middlesex case provided for that lawyer. Because she has refused to protect me and she has no immunity because she rejected jurisdiction, I am now suing her in her district.

  5. Sam Bradbury was never a resident of Lafayette he lived in rural Tippecanoe County, Thats an error.

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