Opinions Dec. 14, 2010

December 14, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Presbytery of Ohio Valley, Inc., et al. v. OPC, Inc., et al.
Mortgage foreclosure. Reverses summary judgment in favor of appellees-defendants OPC Inc. and others in a property dispute between a local congregation and the national church. When the neutral principles of law approach is applied correctly, the appellants prevail. Remands with instructions to enter summary judgment in favor of the national church and other appellants, together with a declaratory judgment that Olivet Evangelical Presbyterian Church has no right, title or interest in the Oak Hill Property and a constructive trust on that property in favor of the Presbytery.

The Hunt Construction Group, Inc., et al. v. Shannon D. Garrett
Civil tort. Reverses partial summary judgment for Garrett on Hunt Construction’s vicarious liability because it is inapplicable as the general contractor/subcontractor relationship doesn’t exist. Affirms summary judgment to Garrett on the issue that Hunt owed a duty of care to Garrett by virtue of its contracts. Judge Friedlander concurs in part and dissents in part.

Kathy Niegos v. Arcelor Mittal Burns Harbor LLC, f/k/a ISG Burns Harbor, LLC
Civil. Affirms dismissal of Niegos claim, pursuant to the Occupational Disease Act, against her late husband’s former employer. Her failure to notify ArcelorMittal before entering into third-party settlements is fatal to her ODA claim.

Chijoike Bomani Ben-Yisrayl, f/k/a Greagree Davis v. State of Indiana (NFP)
Criminal. Affirms sentence for murder.

Roy Shane Arensman v. State of Indiana (NFP)
Criminal. Reverses conviction of failure to register as a sex offender as a Class D felony.

Oscar Iraheta-Rosales v. State of Indiana (NFP)
Criminal. Affirms convictions of two counts of Class A felony child molesting and one count of Class C felony child molesting.

John Eddie Lindsey v. State of Indiana (NFP)
Criminal. Affirms conviction of Class B felony dealing in cocaine.

Bronskey Smith v. State of Indiana (NFP)
Criminal. Affirms three convictions of dealing cocaine as Class B felonies.

SHF Enterprises, Inc. v. Richard D. Hailey, et al. (NFP)
Civil. Reverses order correcting the amount of damages owed by the Haileys on SHF’s complaint for breach of lease and confirming its intent to deny SHF’s request for attorney’s fees and prejudgment interest.

Quentin S. Phipps v. State of Indiana (NFP)
Criminal. Affirms convictions of and sentences for Class A felony attempted murder, Class B felony attempted armed robbery, Class C felony escape, Class D felony auto theft, and three counts of Class D felony criminal recklessness.

Clayton Frazier v. State of Indiana (NFP)
Criminal. Affirms sentence imposed following revocation of probation.

Indiana Tax Court had posted no opinions at IL deadline.


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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...