Opinions Dec. 27, 2013

December 27, 2013
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7th Circuit Court of Appeals
Dawn Marie Adams v. James Gregory Adams
Civil. Reverses District Court denial of creditor Dawn Marie Adams’ bankruptcy court claim against her former husband and business partner, James Gregory Adams. The bankruptcy court claims were previously adjudicated in state courts and the doctrine of issue preclusion prevented the bankruptcy court from rehearing those issues. Remanded for proceedings.

Indiana Court of Appeals
In the Matter of M.S. (A Child Alleged in Need of Services), and K.S., (Mother) v. The Indiana Department of Child Services
Juvenile. Affirms placement of M.S. with father who lives out-of-state and approval of the Department of Child Services’ petition to dismiss CHINS proceedings. The best interest of the child were served by placement with father and DCS’s efforts at reunifying the family were reasonable, Chief Judge Margret Robb wrote in an opinion joined by Judge Michael Barnes. Judge Elaine Brown concurred in a separate opinion that said M.S.’s interests would have been best served had DCS continued monitoring father’s compliance with court terms for a period of time.

State of Indiana v. Frank Greene
Post conviction. Affirms grant of post-conviction relief from a conviction of Class B felony criminal confinement and remands to the trial court with instructions to resentence Greene on the conviction as a Class D felony.  

In Re the Matter of R.K.: A Child Alleged to be a Child in Need of Services, A.K. v. The Indiana Department of Child Services (NFP)
Juvenile. Reverses juvenile court order awarding child custody to father, R.K. Sr., holding that the court abused its discretion by modifying custody without a formal evidentiary hearing. Vacates the modification order and remands for an evidentiary hearing on the modification petition.

DeWayne Nalls v. State of Indiana (NFP)
Criminal. Affirms concurrent sentences of 35 years for conviction of Class A felony attempted murder and 10 years for unlawful possession of a firearm by a serious violent felon, but vacates as illegal a separate five-year enhancement for the firearm charge.  

Cleverly Lockhart v. State of Indiana (NFP)
Criminal. Reverses trial court’s denial of a petition to file a belated notice of appeal of four counts of child molesting and remands for proceedings.

Clarian Health Partners, Inc., d/b/a Methodist Hospital v. Jessica Sprunger, as next best friend of James Daniel Sprunger, Minor (NFP)
Civil tort/medical malpractice. Finds the trial court erred in denying Clarian’s motion to correct error after a jury award of $500,000 in favor of James Sprunger. The court also abused its discretion in instructing the jury. Remanded for proceedings.

Virginia Davis v. Indiana State Board of Nursing (NFP)
Civil plenary. Affirms Indiana State Board of Nursing’s license revocation.

In Re the Estate of Ruby Shuler Blankenbaker Botkins, Deceased, Mark Allen Shuler and David Lee Shuler v. Estate of George Botkins by Larry Botkins (NFP)
Estate. Affirms probate court’s entry of final accounting.

Jamar Perkins v. State of Indiana (NFP)
Criminal. Affirms conviction of felony murder.

John D. May v. State of Indiana (NFP)
Post conviction. Affirms denial of post-conviction relief from a conviction of Class C felony possession of methamphetamine while in possession of a firearm.

Darrell McNary v. State of Indiana (NFP)
Post conviction. Affirms denial of relief from a conviction of Class B felony dealing cocaine.

Brandon White v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony criminal recklessness.

Bonnie Shipley v. Anonymous Doctor A and Anonymous Hospital C (NFP)
Civil plenary/malpractice. Affirms grant of summary judgment in favor of Anonymous Doctor A and Anonymous Hospital C.

James E. Britt, Jr. v. State of Indiana (NFP)
Criminal. Affirms convictions of Class D felony possession of marijuana and Class A misdemeanor carrying a handgun without a license.

Ron Rose v. State of Indiana (NFP)
Post conviction. Reverses denial of a petition for relief from a conviction of Class B felony criminal deviate conduct, holding that the court clearly erred in imposing a lifelong requirement that Ron Rose register as a sexually violent predator rather than as a sex offender. Rose proved by a preponderance of the evidence that he didn’t understand that aspect of his guilty plea, and he had specifically rejected that provision when discussing the plea agreement with his attorney beforehand. Remanded for proceedings.

The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline.


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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...