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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  2. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

ADVERTISEMENT