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Opinions Dec. 18, 2013

December 18, 2013
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Indiana Court of Appeals
Ralph Stockton v. Falls Auctioneers and Realtors and Peggy Buck as Trustee of the Peggy Buck Trust
18A05-1304-CT-160
Civil tort. Reverses summary judgment in favor of Peggy Buck as trustee of the Peggy Buck Trust on Stockon’s negligence suit. There are questions of fact regarding whether Stockton’s fall was caused in part by the length of the grass and whether Buck controlled the length of the grass. It cannot be said as a matter of law that Buck owed no duty to Stockton and Buck was not entitled to summary judgment on this basis. Remands for further proceedings.

Mark S. Weinberger, M.D. v. Estate of Phyllis R. Barnes, Deceased, By Peggy Hood as Personal Representative, Joe Clinkenbeard, P.A., et al.
45A04-1107-CT-369
Civil tort. Dismisses appeal, finding I.C. 34-51-3-6 does not allow the state to intervene in otherwise private litigation, ostensibly to protect its interest in a punitive damage award.

Local 1963 of the United Automobile, Aerospace, and Agricultural Implement Workers of America, UAW v. Madison County, Indiana, Madison County Assessor, and Madison County Recorder
27A05-1301-CC-40
Civil collection. Affirms summary judgment in favor of the Madison County defendants because as a matter of law, the county commissioners and county council had no authority to execute a collective bargaining agreement with UAW interfering with the independence of the assessor and recorder in appointing and discharging their deputies and employees.

George A. Nunley v. State of Indiana
10A04-1212-CR-630
Criminal. Grants petition for rehearing and affirms original opinion in all respects. Judge Riley would deny the petition for rehearing. Dismisses state’s argument that the proper remedy for a late-filed amendment would have been for the court to remand for proceedings on an habitual offender sentence enhancement rather than the reversal that the COA ordered.

Paul J. Coy v. State of Indiana
48A02-1301-CR-65
Criminal. Affirms convictions of Class C felony reckless homicide and two counts of Class D felony criminal recklessness. Finds that the trial court properly declined to give a lesser-included instruction, there was not a fatal variation in the charging information, the trial court did not abuse its discretion by considering aggravators and failing to consider or give proper weight to mitigators, and Coy’s sentence is appropriate in light of the nature of the offenses and his character.

In Re the Matter of the Paternity of T.L.T.: State of Indiana, as Child's Next Friend ex rel. (NFP)
71A04-1305-JP-214
Juvenile. Reverses grant of father’s motion to set aside the default judgment of paternity entered against him.

Willie Gates v. State of Indiana (NFP)
49A02-1304-CR-359
Criminal. Affirms conviction and sentence for Class D felony attempted obstruction of justice.

In the Matter of the Termination of the Parent-Child Relationship of: E.B., K.B., T.B., and M.J., (Minor Children) and J.W., (Mother) v. The Indiana Department of Child Services (NFP)
10A05-1303-JT-108
Juvenile. Affirms termination of parental rights.

Masoud Azimi on behalf of Amir Mansour Azimi, Deceased v. Clarian Health Partners d/b/a Methodist Hospital, Kyle Yancey, M.D., Steve S. Shin, M.D., David M. Kaehr, M.D., et al (NFP)
49A04-1304-CT-179
Civil tort. Affirms summary judgment in favor of the health care providers on Azimi’s medical malpractice complaint.

Timothy J. Fugate v. State of Indiana (NFP)
16A01-1306-CR-262
Criminal. Affirms revocation of probation and orders Fugate serve five years of the originally imposed eight-year suspended sentence.

In the Matter of the Termination of the Parent-Child Relationship of : B.M.B. and B.A.B., Minor Children, R.B., Father v. Indiana Department of Child Services (NFP)
21A01-1304-JT-188
Juvenile. Affirms termination of parental rights.

Frederick M. Dial v. State of Indiana (NFP)
20A05-1301-CR-15
Criminal. Affirms convictions of Class B felony dealing in methamphetamine and Class D felony maintaining a common nuisance.

Thomas Dillman v. State of Indiana (NFP)
53A01-1303-CR-112
Criminal. Affirms eight-year sentence for Class C felony failure to return to the scene of an accident resulting in death. Reverses order that court costs and a public-defender fee be paid from Dillman’s cash bond.

Lynda Rollins v. Graycor Construction Company, Inc., Graycor Industrial Constructors, Inc., Graycor Industrial Constructors, LLC, Graycor Construction Company, LLC, and Graycor, Inc. (NFP)
64A03-1307-CT-273
Civil tort. Affirms summary judgment in favor of Graycor Construction Co. Inc. in a personal injury negligence action brought by Rollins.

Guy Ivester v. State of Indiana (NFP)
33A04-1209-PC-491
Post conviction. Grants petition for rehearing and affirms original opinion in all respects, which held Ivester was not denied the effective assistance of his trial counsel, that he entered his guilty plea voluntarily, that his claims of prosecutorial misconduct and trial court abuse of discretion are unavailable, and that there was no abuse by the post-conviction court.

Andre Moton v. State of Indiana (NFP)
84A01-1305-CR-220
Criminal. Affirms sentence for Class A felony robbery and Class B felony attempted carjacking.

In the Matter of the Termination of the Parent-Child Relationship of L.N.C. and L.G.C.; J.T. v. Indiana Department of Child Services (NFP)
49A02-1305-JT-415
Juvenile. Affirms termination of parental rights.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of: P.K. (Minor Child) and D.K. (Mother) v. The Indiana Department of Child Services (NFP)
28A01-1306-JT-260
Juvenile. Affirms termination of parental rights.

Christopher L. Aders v. State of Indiana (NFP)
62A05-1305-CR-212
Criminal. Affirms denial of motion for dismissal under Ind. Criminal Rule 4(C).

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

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  1. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  2. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

  3. No, Ron Drake is not running against incumbent Larry Bucshon. That’s totally wrong; and destructively misleading to say anything like that. All political candidates, including me in the 8th district, are facing voters, not incumbents. You should not firewall away any of voters’ options. We need them all now more than ever. Right? Y’all have for decades given the Ds and Rs free 24/7/365 coverage of taxpayer-supported promotion at the expense of all alternatives. That’s plenty of head-start, money-in-the-pocket advantage for parties and people that don’t need any more free immunities, powers, privileges and money denied all others. Now it’s time to play fair and let voters know that there are, in fact, options. Much, much better, and not-corrupt options. Liberty or Bust! Andy Horning Libertarian for IN08 USA House of Representatives Freedom, Indiana

  4. A great idea! There is absolutely no need to incarcerate HRC's so-called "super predators" now that they can be adequately supervised on the streets by the BLM czars.

  5. One of the only qualms I have with this article is in the first paragraph, that heroin use is especially dangerous because it is highly addictive. All opioids are highly addictive. It is why, after becoming addicted to pain medications prescribed by their doctors for various reasons, people resort to heroin. There is a much deeper issue at play, and no drug use should be taken lightly in this category.

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