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Opinions Dec. 30, 2011

December 30, 2011
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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.
 

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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. 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!!!

  3. 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?

  4. 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?

  5. 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.

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