ILNews

Opinions Dec. 18, 2013

December 18, 2013
Keywords
Back to TopE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. State Farm is sad and filled with woe Edward Rust is no longer CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go All American Girl starred Margaret Cho The Miami Heat coach is nicknamed Spo I hate to paddle but don’t like to row Edward Rust is no longer CEO The Board said it was time for him to go The word souffler is French for blow I love the rain but dislike the snow Ten tosses for a nickel or a penny a throw State Farm is sad and filled with woe Edward Rust is no longer CEO Bambi’s mom was a fawn who became a doe You can’t line up if you don’t get in a row My car isn’t running, “Give me a tow” He had knowledge but wasn’t in the know The Board said it was time for him to go Plant a seed and water it to make it grow Phases of the tide are ebb and flow If you head isn’t hairy you don’t have a fro You can buff your bald head to make it glow State Farm is sad and filled with woe Edward Rust is no longer CEO I like Mike Tyson more than Riddick Bowe A mug of coffee is a cup of joe Call me brother, don’t call me bro When I sing scat I sound like Al Jarreau State Farm is sad and filled with woe The Board said it was time for him to go A former Tigers pitcher was Lerrin LaGrow Ursula Andress was a Bond girl in Dr. No Brian Benben is married to Madeline Stowe Betsy Ross couldn’t knit but she sure could sew He had knowledge but wasn’t in the know Edward Rust is no longer CEO Grand Funk toured with David Allan Coe I said to Shoeless Joe, “Say it ain’t so” Brandon Lee died during the filming of The Crow In 1992 I didn’t vote for Ross Perot State Farm is sad and filled with woe The Board said it was time for him to go A hare is fast and a tortoise is slow The overhead compartment is for luggage to stow Beware from above but look out below I’m gaining momentum, I’ve got big mo He had knowledge but wasn’t in the know Edward Rust is no longer CEO I’ve travelled far but have miles to go My insurance company thinks I’m their ho I’m not their friend but I am their foe Robin Hood had arrows, a quiver and a bow State Farm has a lame duck CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go State Farm is sad and filled with woe

  2. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  3. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  4. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  5. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

ADVERTISEMENT