ILNews

Opinions Dec. 20, 2011

December 20, 2011
Keywords
Back to TopE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

ADVERTISEMENT