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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.
82A02-1003-MF-339
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
49A02-1001-CT-86
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
93A02-1007-EX-762
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)
49A02-1003-CR-332
Criminal. Affirms sentence for murder.

Roy Shane Arensman v. State of Indiana (NFP)
22A05-1005-CR-509
Criminal. Reverses conviction of failure to register as a sex offender as a Class D felony.

Oscar Iraheta-Rosales v. State of Indiana (NFP)
49A05-1005-CR-302
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)
02A04-1003-CR-239
Criminal. Affirms conviction of Class B felony dealing in cocaine.

Bronskey Smith v. State of Indiana (NFP)
49A04-1003-CR-126
Criminal. Affirms three convictions of dealing cocaine as Class B felonies.

SHF Enterprises, Inc. v. Richard D. Hailey, et al. (NFP)
49A02-0910-CV-962
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)
82A01-1002-CR-46
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)
48A02-1005-CR-549
Criminal. Affirms sentence imposed following revocation of probation.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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