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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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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