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Opinions Dec. 27, 2013

December 27, 2013
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7th Circuit Court of Appeals
Dawn Marie Adams v. James Gregory Adams
13-1636
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
67A04-1305-JC-212
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
49A02-1303-PC-228
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)
31A01-1307-JC-310
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)
49A04-1306-CR-281
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)
34A02-1304-CR-384
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)
49A02-1211-CT-943
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)
49A05-1304-PL-187
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)
22A01-1307-ES-337
Estate. Affirms probate court’s entry of final accounting.

Jamar Perkins v. State of Indiana (NFP)
49A02-1306-CR-551
Criminal. Affirms conviction of felony murder.

John D. May v. State of Indiana (NFP)
28A05-1307-PC-320
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)
20A05-1211-PC-607
Post conviction. Affirms denial of relief from a conviction of Class B felony dealing cocaine.

Brandon White v. State of Indiana (NFP)
49A04-1304-CR-188
Criminal. Affirms conviction of Class D felony criminal recklessness.

Bonnie Shipley v. Anonymous Doctor A and Anonymous Hospital C (NFP)
40A04-1304-PL-184
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)
20A03-1304-CR-152
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)
15A01-1306-PC-272
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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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