ILNews

Opinions Dec. 30, 2011

December 30, 2011
Keywords
Back to TopE-mailPrintBookmark and Share

7th Circuit Court of Appeals had issued no Indiana opinions at IL deadline.

The following Indiana Supreme Court opinions were posted after IL deadline Thursday:


Diane Recker v. Review Board of the Indiana Dept. of Workforce Development, and FedEx Trade Networks
93S02-1105-EX-285
Agency appeal. Affirms denial of Recker’s claim for unemployment benefits. Recker was unable to complete a driving test necessary for her job and chose to resign immediately instead of take a three-day unpaid leave of absence. Finds her defense of having clogged ears was not a demonstrable impediment and the Review Board of Workforce Development was reasonable to find that she was discharged for just cause and ineligible for benefits.

State of Indiana v. Amanda Renzulli
32S04-1102-CR-117
Criminal. Reverses trial court grant of Renzulli’s motion to suppress evidence that was based on the grounds there was no reasonable suspicion for police to stop her while she was at a gas station. The police – who received a 911 call about a possible drunk driver in which the caller gave his address and phone number – did have reasonable suspicion to make the investigatory stop of Renzulli. Justice Dickson concurs in result and Justice Rucker dissents with separate opinion.

Friday’s opinions:
Indiana Court of Appeals

Jeremy L. Peters v. State of Indiana
43A05-1103-CR-144
Criminal. Affirms conviction of and sentence for Class B felony unlawful possession of a firearm by a serious violent felon, holding that the use of Peters’ post-arrest, pre-Miranda silence during the state’s case-in-chief was not fundamental error because the evidence of his guilt was strong, the references to his silence were brief, and the references came amidst the narrative explaining the events after the crime.

Margaret Kosarko v. William A. Padula, Administrator of the Estate of Daniel L. Herndobler, Deceased
45A03-1012-CT-668
Civil tort. Reverses trial court’s denial of Kosarko’s motion for prejudgment interest, finding no evidence that she unduly delayed surgery that led to the increase in her medical bills, and that Padula had ample time to research the known dollar cost of the dispute and consider settlement. Judge Melissa May dissented, saying the conclusion reached by the appellate court majority did not address whether Kosarko’s damages were ascertainable during the 30 days in 2008 when Kosarko’s Qualified Settlement Offer was valid.

Mary Alice Manley and Gary Manley v. Ryan J. Sherer, M.D., and Sherer Family Medicine
59A01-1104-PL-190
Civil plenary. Reverses trial court’s grant of summary judgment in favor of Sherer, holding that a dispute of fact exists as to whether Sherer’s failure to warn Zehr not to drive while she was under his care constitutes a continuing wrong that would toll the statute of limitations on medical malpractice claims and therefore make the Manleys’ complaint timely. Remands for further proceedings consistent with its opinion.

Midwest Psychological Center, Inc. v. Indiana Dept. of Administration, Correctional Medical Services, Inc., n/k/a Corizon, Inc., Indiana Minority Health Coalition, Inc., et al.
49A02-1103-MI-213
Miscellaneous. Affirms trial court’s grant of appellees’ motions for judgment on pleadings, holding Midwest’s complaint does not show that it has standing to bring a judicial challenge to the Indiana Department of Administration regarding Minority Health’s MBE decertification or the allegations of a conflict of interest.

Julie R. Waterfield Irrevocable Trust Agreement Dated October 21, 1997; Richard R. Waterfield and J. Randall Waterfield v. The Trust Company of Oxford and Julie R. Waterfield
49A04-1103-TR-95
Trust. Affirms trial court’s grant of summary judgment in favor of appellees, holding that the Waterfield children had not proved any claim of fraud or that their distributions from a pour-over trust would be affected by the reformation of their mother’s trust fund.

American Savings, FSB v. Steve H. Tokarski, Successor Personal Rep. of the Estate of John Wroblewski, on Behalf of the Estate
45A04-1105-CC-237
Collections. Reverses grant of summary judgment for Tokarski and denial of summary judgment for American Savings on the count involving the receipt of cashier’s checks to Milovanovic’s savings account. Remands for further proceedings.

Judy Ellis v. M&I Bank
49A05-1107-CC-334
Collections. Affirms trial court’s order granting M&I Bank immediate possession of real estate in which Ellis has a leasehold interest, concluding the order of possession was properly entered and the trial court therefore did not abuse its discretion in denying the motion to correct error.

Marvelean Williams v. State of Indiana
49A02-1105-CR-418
Criminal. Affirms conviction for resisting law enforcement, holding Williams has not shown that her conviction must be overturned and Williams had not cited any authority to convince the appellate court that police officers acted unlawfully when they handcuffed her for safety reasons while they conducted their investigation.

Taiwo K. Baker, Jr. v. State of Indiana (NFP)
20A03-1104-CR-164
Criminal. Affirms conviction of Class B felony aggravated battery and Class B misdemeanor public intoxication.

Sassy Belle Sunderman v. State of Indiana (NFP)
82A01-1105-CR-232
Criminal. Affirms conviction of Class B felony dealing in methamphetamine.

George Foote, Jr. v. State of Indiana (NFP)
28A04-1102-PC-140
Post conviction. Affirms denial of petition for post-conviction relief.

Thad Suggs III v. State of Indiana (NFP)
20A03-1105-CR-240
Criminal. Affirms sentence for Class C felony operating a motor vehicle while privileges are forfeited for life.

Edward Mercer v. State of Indiana (NFP)
79A04-1012-CR-800
Criminal. Affirms conviction of and sentence for two counts of Class B felony robbery while armed with a deadly weapon.

Jarrod Eugene Rodriguez v. State of Indiana (NFP)
79A02-1012-CR-1406
Criminal. Affirms conviction of Class B felony robbery while armed with a deadly weapon.

William Scanlon v. State of Indiana (NFP)
49A02-1106-CR-504
Criminal. Affirms sentence for Class D felony resisting law enforcement.

Willie James Huggins, Jr. v. State of Indiana (NFP)
79A05-1106-CR-276
Criminal. Affirms aggregate 34-year sentence with four years suspended to probation for three Class A felonies, one Class C felony and two Class A misdemeanors.

Carlos Garcia v. Indiana Dept. of Correction and Donna Carnagee (NFP)
48A04-1108-MI-434
Miscellaneous. Reverses trial court’s grant of summary judgment in favor of the Indiana Department of Correction and Donna Carnagee, holding that a material issue of fact exists as to whether the school Garcia attended in Florida is equivalent to a school in Indiana. Remands for the trial court to conduct an evidentiary hearing.

Shawn Williams v. State of Indiana (NFP)
71A04-1106-CR-491
Criminal. Affirms murder conviction.

Jeffrey R. Double v. State of Indiana (NFP)
53A04-1103-CR-151
Criminal. Affirms sentence for Class D felony auto theft and determination that Double is a habitual offender.

Dylan R. Sinn v. State of Indiana (NFP)
84A01-1106-CR-318
Criminal. Affirms aggregate sentence of 13 years for violating probation, two Class D felony drug-related offenses, and being a habitual substance offender.

Tim Brauner v. RM & JP Investments, Inc. f/k/a Tools, Dies and Molds Co. (NFP)
02A04-1106-PL-321
Civil plenary. Affirms trial court’s grant of RM & JP’s motion for summary judgment regarding Letter of Compensation, reverses grant of RM & JP’s motion for summary judgment with respect to Letter of Employment and affirms the denial of Brauner’s motion for summary judgment.

In Re: The Marriage of Linda Carpenter and Willie Carpenter (NFP)
89A01-1101-DR-1
Domestic relation. Remands to the dissolution court with instructions to exclude the vehicle in dissolution decree and order husband’s repayment of one-half of the difference between assets awarded to him and assets awarded to wife.

James Kindred, Thomas Kindred and Sam Kindred v. Betty Townsend and Harmon Crone (NFP)
60A04-1101-PL-42
Civil plenary. Affirms grant of Crone’s motion for relief from judgment.  

Willis Simmons v. State of Indiana (NFP)
02A03-1106-CR-316
Criminal. Affirms convictions of Class A misdemeanor resisting law enforcement and Class B misdemeanor disorderly conduct.

Larry D. Brossman v. Teresa A. Digrigoli (NFP)
32A01-1103-DR-106
Domestic relation. Affirms denial of Brossman’s motion to correct error, holding the appeal is not timely.

Amy Rogers v. Michael Durand (NFP)
29A05-1105-DR-221
Domestic relation. Affirms trial court’s order granting Durand’s motion to correct errors.

Jeffrey L. Wright v. State of Indiana (NFP)
53A01-1104-CR-216
Criminal. Affirms revocation of probation.

In Re: The Estate of Lucille Lehnerd McMann, Mary Jane McMann, Elizabeth M. McMann and Patricia A. McMann v. Doreen McMann-Trimboli, Trustee; Lucille L. McMann Revocable Trust, et al. (NFP)
71A04-1103-ES-106
Estate, supervised. Affirms summary judgment in favor of McMann-Trimboli, holding she presented ample undisputed evidence that the will was not a product of undue influence.

Daniel Cardine v. State of Indiana (NFP)
45A04-1105-PC-267
Post conviction. Affirms denial of petition for post-conviction relief.

Jamaal Tinsley v. Nancy Parrish (NFP)
49A05-1104-CT-162
Civil tort. Reverses trial court’s denial of Tinsley’s motion to set aside default judgment, holding he was entitled to relief from default judgment because he demonstrated excusable neglect and a meritorious defense. Remands for further proceedings.

Mark Van Eaton and Cynthia Van Eaton Vallimont v. The Ralph David Van Eaton Revocable Trust (NFP)
19A01-1108-TR-352
Trust. Affirms Dubois Circuit Court’s denial of appellants’ motion to correct improper venue.

Christopher R. Hardy v. State of Indiana (NFP)
20A04-1105-CR-233
Criminal. Affirms sentence for Class A and Class B felony dealing in methamphetamine, Class D felony possession of methamphetamine and Class D felony maintaining a common nuisance.

Indiana Tax Court and Indiana Supreme Court had issued no opinions by 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. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  2. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

  3. The story that you have shared is quite interesting and also the information is very helpful. Thanks for sharing the article. For more info: http://www.treasurecoastbailbonds.com/

  4. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  5. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

ADVERTISEMENT