ILNews

Opinions Dec. 17, 2013

December 17, 2013
Keywords
Back to TopE-mailPrintBookmark and Share

Indiana Supreme Court
Indiana Gas Company, Inc. and Southern Indiana Gas and Electric Company, et al v. Indiana Finance Authority and Indiana Gasification, LLC
93S02-1306-EX-407
Agency action. Affirms the Indiana Utility Regulatory Commission’s approval of a contract between Indiana Finance Authority and Indiana Gasification, LLC that obligates the state to purchase synthetic natural gas that would be produced at a coal-gasification plant in Rockport. A divided panel of the Court of Appeals had invalidated the contract, but justices agreed that the IURC’s decision should be affirmed because the parties modified the disputed portion of the contract.

Indiana Court of Appeals
Indiana High School Athletic Association, Inc. v. Gregory S. Schafer and Shane Schafer b/n/f Gregory S. Schafer
37A03-1303-CP-86
Civil plenary. Affirms award of more than $86,000 in fees to the Schafers for IHSAA’s unreasonable conduct in pursuing litigation after courts repeatedly called rules it sought to enforce to declare Schafer ineligible arbitrary and capricious. The trial court was within its discretion to hold IHSAA’s conduct unreasonable and consider multiple rulings against IHSAA in reaching the decision to impose fees.

Jason Young v. Hood's Gardens, Inc.
29A02-1303-PL-298
Civil plenary. Affirms summary judgment in favor of Hood’s that it was not secondarily liable for payment of workers’ compensation benefits to Young. Judge James Kirsch dissents, arguing Hood’s did not establish that the value of services provided by Young’s boss did not exceed $1,000.

Indiana Restorative Dentistry, P.C. v. The Laven Insurance Agency, Inc., and Proassurance Indemnity Company, Inc. f/k/a The Medical Assurance Company, Inc.
49A05-1212-PL-627
Civil plenary. Reverses grant of summary judgment in favor of Laven and Proassurance, holding that Laven had a special duty to procure full coverage based on its past dealings with IRD. Remands to the trial court to enter summary judgment to IRD with respect to Laven’s duty to advise and procure, and remands for proceedings regarding Proassurance’s vicarious liability.

Christopher D. Bunch v. State of Indiana (NFP)
79A02-1303-CR-227
Criminal. Affirms Bunch’s 80-year executed sentence for pleading guilty to five counts of child molesting, each as a Class A felony.

In the Matter of the Commitment of T.G. (NFP)
19A05-1306-MH-303
Mental health. Affirms regular mental health commitment order.

Kelly S. Craig v. State of Indiana (NFP)
63A05-1209-PC-494
Post conviction. Affirms denial of Craig’s petition for post-conviction relief.

Carl E. Ascherman v. State of Indiana (NFP)
15A01-1305-CR-237
Criminal. Affirms Ascherman’s 20-year executed sentence following a conviction for one count of attempted child molesting, a Class B felony, and two counts of contributing to the delinquency of a minor, Class A misdemeanors.

Ayanna Earls v. State of Indiana (NFP)
49A02-1304-CR-364
Criminal. Affirms conviction for battery, a Class A misdemeanor.

Christopher Turner v. State of Indiana (NFP)
49A04-1304-PC-168
Post conviction. Affirms denial of Turner’s petition for post-conviction relief.

Donald L. Deputy v. Connie S. Deputy (NFP)
30A04-1303-DR-108
Domestic relation. Affirms order that father pay for son’s college room and board. Reverses order that father maintain health insurance and health care costs on children and remands for the order to be amended that the duty to maintain health care coverage is contingent upon his children remaining enrolled in a post-secondary educational institution. Judge Elaine Brown concurs in part and dissents in part.  

Adam S. Fiers v. State of Indiana (NFP)
85A04-1306-CR-320
Criminal. Affirms revocation of Fiers’ probation and sentencing him to serve six months on work release for failing to meet the financial obligations of his probation.

The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.

 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

ADVERTISEMENT