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
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
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
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)
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)
Juvenile. Affirms termination of mother’s parental rights.

William Taylor v. State of Indiana (NFP)
Criminal. Affirms convictions of and sentences for two counts of Class A felony child molestation.

Gary Joe Harrison v. Bill Wilson (NFP)
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)
Criminal. Affirms sentence for Class C felony assisting a criminal.

Cherokee Development, Inc. v. Ohio Farmers Ins. Co. (NFP)
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)
Criminal. Affirms convictions of Class A and Class C felony child molesting.

Andrew M. Royer v. State of Indiana (NFP)
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)
Juvenile. Affirms termination of mother’s parental rights.

Thomas L. Kessinger v. State of Indiana (NFP)
Criminal. Dismisses appeal of sentence, as sentence has already been served.

Derrick D. Jeter, M.D. v. Medical Licensing Board of Indiana (NFP)
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)
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)
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)
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)
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. Great observation Smith. By my lights, speaking personally, they already have. They counted my religious perspective in a pro-life context as a symptom of mental illness and then violated all semblance of due process to banish me for life from the Indiana bar. The headline reveals the truth of the Hoosier elite's animus. Details here: Denied 2016 petition for cert (this time around): (“2016Pet”) Amicus brief 2016: (“2016Amici”) As many may recall, I was banned for five years for failing to "repent" of my religious views on life and the law when a bar examiner demanded it of me, resulting in a time out to reconsider my "clinging." The time out did not work, so now I am banned for life. Here is the five year time out order: Denied 2010 petition for cert (from the 2009 denial and five year banishment): (“2010Pet”) Read this quickly if you are going to read it, the elites will likely demand it be pulled down or pile comments on to bury it. (As they have buried me.)

  2. if the proabortion zealots and intolerant secularist anti-religious bigots keep on shutting down every hint of religious observance in american society, or attacking every ounce of respect that the state may have left for it, they may just break off their teeth.

  3. "drug dealers and traffickers need to be locked up". "we cannot afford just to continue to build prisons". "drug abuse is strangling many families and communities". "establishing more treatment and prevention programs will also be priorities". Seems to be what politicians have been saying for at least three decades now. If these are the most original thoughts these two have on the issues of drug trafficking and drug abuse, then we're no closer to solving the problem than we were back in the 90s when crack cocaine was the epidemic. We really need to begin demanding more original thought from those we elect to office. We also need to begin to accept that each of us is part of the solution to a problem that government cannot solve.

  4. What is with the bias exclusion of the only candidate that made sense, Rex Bell? The Democrat and Republican Party have created this problem, why on earth would anyone believe they are able to fix it without pushing government into matters it doesn't belong?

  5. This is what happens when daddy hands over a business to his moron son and thinks that everything will be ok. this bankruptcy is nothing more than Gary pulling the strings to never pay the creditors that he and his son have ripped off. they are scum and they know it.