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Opinions Dec. 17, 2010

December 17, 2010
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The following opinions were posted after IL deadline Thursday:
Indiana Supreme Court

Adoption of L.D.; A.B. and N.E. v. Jo.D. and Ja.D.
49S02-1006-CV-330
Civil. Vacates adoption decree and remands with directions to grant mother A.B.’s Trial Rule 60(B) motion. The paternal grandparents and their attorney did not perform the diligent search required by the Due Process Clause to inform A.B. of their adoption petition.

Indiana Court of Appeals
D.P. v. State of Indiana (NFP)
71A03-1006-JV-391
Juvenile. Affirms commitment to the custody of the Indiana Department of Correction following a delinquency adjudication.

Today’s opinions
7th Circuit Court of Appeals

Karl Schmidt Unisia Inc. v. International Union, United Automobile, et al.
09-4001
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Joseph S. Van Bokkelen.
Civil. Affirms summary judgment in favor of International Union, et al., on their counterclaim to compel arbitration. The collective bargaining agreement’s arbitration clause creates a presumption that the union’s grievance is arbitrable. Because the CBA does not expressly exclude the grievance from arbitration and Karl Schmidt Unisia has not shown the most forceful evidence of the parties’ intent to exclude the grievance from arbitration, Karl Schmidt Unisia has not rebutted the presumption of arbitrability.

United States of America v. Charles Tanner
09-2370
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Rudy Lozano.
Criminal. Affirms convictions of and life sentence for conspiracy to possess cocaine with intent to distribute and attempted possession of 5 kilograms or more of cocaine with intent to distribute. There was no error in the prosecutor’s closing argument. Except for certain testimony regarding Tanner’s possession of a firearm on one occasion, all of the complained-of evidence was clearly admissible. The one exception was harmless. As for the jury instructions, the District Court’s only error was in giving an “ostrich” instruction lacking sufficient factual support in the trial record. That error was also harmless. The District Court properly calculated Tanner’s sentence, and a life sentence was reasonable under these circumstances.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals

Harold J. Klinker v. First Merchants Bank, N.A.
01A04-1003-PL-247
Civil plenary. Affirms summary judgment for First Merchants Bank in its complaint for fraud and seeking damages. The trial court should have considered Klinker’s affidavit in opposition to the bank’s summary judgment motion, but summary judgment for the bank was still appropriate.

Office of the Trustee of Wayne Township v. Deborah Brooks
49A05-1005-PL-341
Civil plenary. Affirms preliminary injunction ordering the Wayne Township Trustee to continue providing poor relief to Brooks. The trial court applied the proper standard of review – de novo – and the evidence is sufficient to support the decision in favor of Brooks.

Tara Simpson, et al. v. OP Property Management, LLC, et al.
49A05-1006-CT-355
Civil tort. Reverses summary judgment for Metropolitan School District of Wayne Township in Simpson’s suit following an accident with a school bus driver. Simpson’s notice of tort claim was sufficient, the school district isn’t entitled to immunity and there are genuine issues of material fact as to whether the school district and driver were negligent and whether Simpson was contributorily negligent or incurred the risk.

Edward Dawson v. State of Indiana
49A02-1001-CR-155
Criminal. Dismisses appeal of the grant of leave to Dawson to file a belated notice of appeal of his probation revocation order. Post-Conviction Rule 2 is available for direct appeals of convictions and sentences only and not for belated appeals of probation revocation orders.

Kelly Brockmann v. Robert Brockmann
02A04-1003-DR-246
Domestic relation. Reverses order compelling arbitration of a petition to modify custody filed by Robert. Concludes that the parties did not intend for Robert’s petition for modification of legal custody to be submitted to arbitration, or to otherwise submit to arbitration any and all possible future disputes that might arise between the parties.

Charles Saffold v. State of Indiana
49A05-1003-CR-180
Criminal. Affirms denial of Saffold’s motion to dismiss the charge of carrying a handgun without a license. It was not a violation for the officer to conduct a second pat-down search to determine whether Saffold had a gun after discovering ammunition on him and in his car.

Thomas W. Conrad v. State of Indiana
20A03-1004-CR-188
Criminal. Affirms conviction of criminal deviate conduct as a Class B felony. The trial court did not err in excluding evidence of Conrad’s victim’s past sexual conduct under Evidence Rules 412 and 403. Conrad’s rights under the United States and Indiana constitutions to effectively impeach and cross-examine witnesses were also not infringed upon by the trial court’s rulings.

Quintez Deloney v. State of Indiana
22A01-0906-CR-273
Criminal. Affirms conviction of and sentence for Class A felony burglary resulting in bodily injury. Remands to the trial court to reduce Deloney’s conviction of and sentence for attempted robbery from a Class A felony to a Class C felony.

John Eric Warren v. State of Indiana (NFP)
03A01-1005-CR-265
Criminal. Affirms sentence following guilty plea to two counts of Class B felony armed robbery and one count of Class C felony robbery.

Tyree L. Thomas v. State of Indiana (NFP)
49A02-1002-CR-173
Criminal. Grants rehearing to clarify holding on Thomas’ claim of mental illness and reaffirms prior decision.

Judd Ponsler v. State of Indiana (NFP)
49A05-1003-CR-179
Criminal. Affirms two Class C felony child solicitation convictions.

Rodney Waye v. State of Indiana (NFP)
85A02-1003-PC-393
Post conviction. Affirms denial of petition for post-conviction relief.

Doris Coffman v. State of Indiana (NFP)
31A04-1004-CR-240
Criminal. Affirms order revoking probation and that Coffman serve all of her suspended sentences.

Michael A. Gilbert v. State of Indiana (NFP)
49A02-1005-CR-564
Criminal. Affirms conviction of Class C felony dealing marijuana in an amount in excess of 10 pounds.

Term. of the Parent-Child Rel. of S.W., et al.; M.C. v. I.D.C.S. (NFP)
55A01-1003-JT-196
Juvenile. Affirms termination of parental rights.

James R. Robison v. State of Indiana (NFP)
45A03-1006-CR-291
Criminal. Affirms sentence following guilty plea to two counts of Class B felony child molesting.

Darren R. Locke v. State of Indiana (NFP)
82A01-1008-CR-374
Criminal. Affirms sentence for Class C felony operating a motor vehicle after the forfeiture of Locke’s license for life.

Jason L. Hatchett v. State of Indiana (NFP)
49A04-0912-CR-718
Criminal. Affirms convictions of Class B felony attempted robbery, three counts of Class B felony criminal confinement, and one count of Class C felony carrying a handgun without a license.

Martie Allen Henderson v. State of Indiana (NFP)
71A03-1004-CR-207
Criminal. Affirms convictions of Class D felony possession of marijuana and Class A misdemeanor resisting law enforcement, and the revocation of probation.

Donald Davis v. State of Indiana (NFP)
45A04-1003-CR-168
Criminal. Affirms convictions of two counts of Class A felony dealing in cocaine, three counts of Class A felony dealing in narcotics, Class B felony cocaine possession, and Class D felony maintaining a common nuisance.

Saul R. Cruz v. State of Indiana (NFP)
03A01-1004-CR-175
Criminal. Affirms sentence following guilty plea to Class A felony dealing in cocaine.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  3. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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