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Opinions Dec. 23, 2013

December 23, 2013
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Indiana Court of Appeals
Michael W. Peters, M.D. and Deaconess Hospital, Inc. v. Cynthia S. Kendall and Michael J. Kendall
82A01-1302-PL-55
Civil plenary. Affirms denial of the medical group’s motion for partial summary judgment in the medical malpractice lawsuit brought by the Kendalls. The proof of claim filed by the Kendalls in the liquidation proceedings of Dr. Peters’ insurer does not constitute a binding contract.

Duane Jadrich v. State of Indiana
32A04-1302-CR-67
Criminal. Reverses convictions of Class A misdemeanors possession of marijuana and paraphernalia possession. The sheriff’s deputy’s search of Jadrich’s home after trying to serve a protective order violated the Fourth Amendment.

Town of Newburgh v. Town of Chandler
87A01-1305-CT-203
Civil tort. Affirms denial of summary judgment for Chandler and reverses denial of summary judgment of Newburgh on the issue of whether Newburgh’s ordinance can prevent Chandler from providing new sewer services to customers within a specific area. Remands with instructions to enter summary judgment for Newburgh. The statutes as they exist authorized Newburgh’s ordinance.

Djomon N. Tito v. State of Indiana (NFP)
49A02-1304-CR-315
Criminal. Affirms conviction of Class B misdemeanor battery.

In the Matter of the Termination of the Parent-Child Rel. of: J.S. (Minor Child), and K.G. (Father) v. The Indiana Department of Child Services (NFP)
49A02-1305-JT-438
Juvenile. Affirms termination of parental rights.

In the Matter of the Civil Commitment of: N.F. v. Wishard Health Services, Midtown Community Mental Health Center (NFP)
49A02-1304-MH-306
Mental health. Affirms involuntary commitment.

Shamberley Jones v. State of Indiana (NFP)
49A05-1305-CR-231
Criminal. Affirms decision to impose restitution but remands for recalculation of those damages.

Ethan Sizemore v State of Indiana (NFP)
39A05-1306-CR-271
Criminal. Affirms sentence following guilty plea to Class C felony burglary.

Stardust Development, LLC v. Randy Cassady (NFP)
53A01-1305-PL-210
Civil plenary. Reverses order that certain real estate jointly owned by Stardust Development and Cassady be sold at sheriff’s sale by public auction with no reserve.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
 

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  1. 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!

  2. 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.

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

  4. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  5. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

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