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Opinions Dec. 20, 2011

December 20, 2011
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7th Circuit Court of Appeals had issued no Indiana opinions at IL deadline.

Indiana Court of Appeals

Christopher A. Bryant v. State of Indiana
45A03-1101-CR-11
Criminal. Affirms convictions of and sentences for two counts of Class A felony dealing in a narcotic drug, Class A misdemeanor resisting law enforcement, Class A misdemeanor marijuana possession and Bryant’s admission that he is a habitual substance offender, holding that his extensive arrest record renders harmless any error the trial court may have made.

Commissioner of Labor on the Relation of Stephen R. Shofstall, Edward C. Posey, and Deborah Posey v. Int'l Union of Painters and Allied Trades, AFL-CIO, CLC District Council 91
49A02-1103-PL-263
Civil plenary. Reverses trial court’s grant of summary judgment in favor of International Union of Painters and Allied Trades, which stated Shofstall and the Poseys were not entitled to vacation pay. Holds that union bylaws show vacation pay was in addition to 52 weeks of compensation per year.

Lance McCloud v. State of Indiana
49A05-1102-CR-77
Criminal. Affirms trial court’s denial of motion to dismiss pending charges, holding that the delay in McCloud’s trial date was not excessive and was caused by his own act. Holds that the delay did not result in actual prejudice.

James R. Lockhart, Jr. v. Lisa (Lockhart) Guyer (NFP)
29A02-1103-DR-208
Domestic relation. Affirms trial court’s determination that quitclaim deed did not disallow wife to 45 percent of net value of property and remands to the trial court to determine wife’s share. Also remands with instructions to vacate order regarding attorney fees and to enter an order requiring the wife to repay husband overpayment of child support.

In the Matter of the Involuntary Term. of the Parent-Child Rel. of H.W. and H.S.; T.S. v. Indiana Dept. of Child Services (NFP)
48A02-1105-JT-470
Juvenile. Affirms termination of mother’s parental rights.

William Taylor v. State of Indiana (NFP)
06A04-1104-CR-272
Criminal. Affirms convictions of and sentences for two counts of Class A felony child molestation.

Gary Joe Harrison v. Bill Wilson (NFP)
46A05-1104-CR-226
Criminal. Affirms trial court’s grant of summary judgment in favor of Wilson and holds that the case was not properly before the trial court because Harrison failed to exhaust his administrative remedies through the Indiana State Prison in his efforts to receive educational credit time.

Christopher W. Hovis v. State of Indiana (NFP)
92A03-1011-CR-613
Criminal. Affirms sentence for Class C felony assisting a criminal.

Cherokee Development, Inc. v. Ohio Farmers Ins. Co. (NFP)
49A04-1106-CC-274
Collections. Affirms trial court’s grant of summary judgment in favor of Ohio Farmers Insurance Co. and denies Ohio Farmer’s request for appellate attorney fees.

James A. Mudd v. State of Indiana (NFP)
02A03-1105-CR-192
Criminal. Affirms convictions of Class A and Class C felony child molesting.

Andrew M. Royer v. State of Indiana (NFP)
20A04-1106-PC-325
Post conviction. Affirms denial of petition for post-conviction relief.

In Re: The Matter of the Term. of the Parent-Child Rel. of D.F. & R.F. and B.G. v. Indiana Dept. of Child Services (NFP)
84A01-1105-JT-308
Juvenile. Affirms termination of mother’s parental rights.

Thomas L. Kessinger v. State of Indiana (NFP)
10A01-1105-CR-240
Criminal. Dismisses appeal of sentence, as sentence has already been served.

Derrick D. Jeter, M.D. v. Medical Licensing Board of Indiana (NFP)
49A05-1101-MI-44
Miscellaneous. Reverses trial court’s dismissal of Jeter’s petition for judicial review of an order by the Medical Licensing Board of Indiana revoking his license, holding the dismissal for lack of personal jurisdiction was not warranted.

S. (M.) O. v. S.M. (NFP)
29A04-1104-DR-203
Domestic relation. Affirms trial court’s judgment ordering father to continue to provide health insurance for the parties’ children.

Great Hospitality Services, Inc. v. Karl Bauer (NFP)
64A03-1107-CT-295
Civil tort. Affirms trial court’s denial of motion to set aside default judgment in favor of Bauer on his personal injury complaint against Great Hospitality.

In Re: The Paternity of P.B.; D.B. v. M.B. (NFP)
03A01-1012-JP-653
Juvenile. On petition from both mother and father for rehearing, the appeals court stated that while it initially denied the father’s request for attorney fees, it now agrees that attorney fees should be assessed against the mother who has acted in procedural bad faith. Affirms original opinion that father’s parenting time was appropriate.

C.C. v. Review Board of the Ind. Dept. of Workforce Development and Employer (NFP)
93A02-1008-EX-1000
Civil. Affirms finding by the Indiana Department of Workforce Development Review Board that C.C. was terminated for just cause and therefore is not entitled to unemployment benefits.

Indiana Tax Court and Indiana Supreme Court had posted no opinions at IL deadline.
 

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  1. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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