ILNews

Opinions Dec. 31, 2013

December 31, 2013
Keywords
Back to TopE-mailPrintBookmark and Share

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday:
Zachary Medlock v. Trustees of Indiana University, et al.
13-1900
Civil. Affirms summary judgment in favor of IU and other defendants, holding that a student inspection of a dorm room that found marijuana followed by a police search warrant in which the pot was seized was not a violation of the Fourth Amendment. Likewise, the process through which Medlock was suspended was not a denial of due process.

Indiana Court of Appeals
Dayron Bell v. State of Indiana
82A01-1306-CR-271
Criminal. Dismisses appeal of a conviction of contempt of court as moot, declining Dayron Bell’s appeal on the basis of a public interest exception for matters of great public importance. Bell’s appeal was moot because his sentence had been served and no relief was available, and nothing in his appeal fell within the limited public-interest exception.

Paul Gillock and Kathy Gillock v. City of New Castle, Indiana
33A01-1308-CT-338
Civil tort. Affirms award of attorney fees to the city after the Gillocks’ lawsuit was dismissed with prejudice. The Gillocks’ complete failure to take any action for almost a year in furtherance of their lawsuit, including their failures to respond to discovery requests and obey the trial court’s order without any reasonable explanation, supports the trial court’s implicit legal conclusion that their claim was unreasonable and groundless. Denies the city’s request for appellate attorney fees and costs.  

Freddie L. McKnight, III v. State of Indiana
20A03-1109-CR-454
Criminal. Affirms denial of petition for post-conviction relief. McKnight claimed the post-conviction court erred when it concluded he wasn’t denied effective trial or appellate counsel assistance and that he was denied a procedurally fair post-conviction hearing.

Brad Haskin v. City of Madison, Indiana
39A05-1308-CT-422
Civil tort. Affirms summary judgment for the city of Madison on Haskin’s complaint for damages, alleging the city was negligent in designing, constructing and maintaining a sewer drain on which Haskin stepped and injured himself, among other claims. With respect to Haskin’s claim that the city was negligent in the design, construction or maintenance of the curb or sewer drain, the designated evidence demonstrates that Madison is immune from liability. With respect to Haskin’s other negligence claims, the designated evidence demonstrates that the city did not owe a duty to Haskin as it did not possess or control the condition of Jefferson Street at the time of his injury nor did it manage the pedestrian traffic or other aspects of the regatta.

Winston K. Wood v. State of Indiana
53A05-1208-CR-423
Criminal. Denial of Wood’s motion for discharge pursuant to Indiana Criminal Rule 4(C) was not error. There was sufficient evidence Wood violated Indiana Code 14-15-4-1, but Wood’s three convictions, arising as they did from one incident of leaving the scene, subjected him to double jeopardy. Accordingly vacates two of his convictions, one of the Class C felonies and the Class D felony, and remands to the trial court with instructions to refund the fines imposed for the vacated convictions. Judge Kirsch dissents.

Shawn L. Keesling v. State of Indiana (NFP)
34A02-1305-CR-540
Criminal. Affirms convictions of three counts of Class B felony robbery after pleading guilty but mentally ill. Remands for correction of sentencing order.

Marigold Overshiner and Earl Overshiner, Individually and as Parents and Guardians of their Minor Daughter, Kaitlyn Overshiner et al v. Anonymous Health Care Corp. et. al. (NFP)
67A01-1303-CT-110
Civil tort. Reverses dismissal with prejudice of the Overshiners’ medical malpractice action as they complied with the trial court order that they obtain new counsel within 90 days.

James Galloway v. State of Indiana (NFP)
82A05-1305-CR-260
Criminal. Affirms sentence for home improvement fraud: five counts as Class C felonies and three counts as Class D felonies, and being a habitual offender. Remands for the trial court to amend the abstract of judgment to show the habitual offender finding as an enhancement to Count I in Cause No. 1017.

Sophia Tompkins v. Kindred Nursing Centers, LLP, d/b/a Southwood Health and Rehabilitation Center (NFP)
84A05-1307-CT-348
Civil tort. Affirms summary judgment for Southwood on Tompkins’ complaint for damages after falling and injuring herself while getting out of bed.

James Kucholick v. State of Indiana (NFP)
34A05-1305-CR-255
Criminal. Affirms revocation of probation and order Kucholick serve his suspended sentences.

David R. McClure v. State of Indiana (NFP)
34A02-1306-CR-491
Criminal. Affirms conviction of Class B misdemeanor criminal mischief.

Jerry Johnson v. State of Indiana (NFP)
33A01-1306-CR-266
Criminal. Affirms conviction of Class C felony battery resulting in serious bodily injury.

James R. Belcher, Sr. v. Sandra G. Belcher (NFP)
32A01-1305-DR-225
Domestic relation. Affirms trial court order removing a motorcycle from the marital estate and adjusting the disposition of other assets to bring the division of the marital assets back to a 50/50 division.

Willie Norman v. State of Indiana (NFP)
20A04-1305-PC-270
Post conviction. Affirms denial of petition for post-conviction relief.

Tyler Burton v. State of Indiana (NFP)
49A05-1306-CR-269
Criminal. Affirms conviction of Class D felony battery resulting in bodily injury on a child.

Micha Seymour v. State of Indiana (NFP)
49A05-1305-CR-218
Criminal. Affirms adjudication as a habitual offender.

Herman & Kittle Properties, Inc. v. G & G Construction Company of Indiana (NFP)
49A05-1304-PL-169
Civil plenary. Affirms denial of Herman & Kittle’s motion to dismiss a breach-of-contract claim against it.

Walter Rowley v. State of Indiana (NFP)
49A02-1305-CR-402
Criminal. Affirms imposition of $200 drug interdiction fee following Rowley’s guilty plea to Class D felony possession of a controlled substance and Class A misdemeanor driving while suspended.

Richard Wilson v. State of Indiana (NFP)
49A02-1304-CR-373
Criminal. Affirms conviction of Class A misdemeanor battery with bodily injury.

Edward L. Humes v. State of Indiana (NFP)

39A01-1305-CR-211
Criminal. Affirms sentence, which included an enhancement for being a habitual substance offender, imposed for Class D felony possession of cocaine and Class A misdemeanors possession of a synthetic cannabinoid and resisting law enforcement.

James Pigg v. State of Indiana (NFP)
34A02-1210-CR-838
Criminal. Affirms denial of motion to correct error, wherein Pigg moved for a change of judge following convictions of one count each of Class C and Class D felony battery.

Lightning Rod Mutual Insurance Company v. Todd A. Messner, an Incapacitated Adult, by his Permanent Co-Guardians and Next Friends, James A. Messner and Judith M. Messner (NFP)

20A03-1305-CT-188
Civil tort. Affirms trial court finding that the Messners’ policy with Lighting Rod Mutual Insurance Co. is ambiguous.

Jacob Stidham v. State of Indiana (NFP)
79A02-1211-CR-939
Criminal. Affirms trial court decision allowing the state to charge Stidham with Class B felony rape two days before his trial was to begin on other charges. Affirms convictions of rape and Class C felony confinement.

Richard Kozecar v. State of Indiana (NFP)
75A04-1306-CR-263
Criminal. Affirms conviction of Class D felony receiving stolen property.

In the Matter of the Termination of the Parent-Child Relationship of: K.W., Minor Child, C.C., Mother v. Indiana Department of Child Services (NFP)
49A02-1305-JT-468
Juvenile. Affirms involuntary termination of parental rights.

In the Matter of the Termination of the Parent-Child Relationship of: J.A. (Minor Child), and M.R. (Mother) v. The Indiana Department of Child Services (NFP)
53A01-1307-JT-306
Juvenile. Affirms termination of parental rights.

Anthony Eugene Fields v. State of Indiana (NFP)
50A05-1304-CR-186
Criminal. Affirms convictions and sentence for Class B felony dealing in methamphetamine, Class D felony possession of meth, Class D felony possession of precursors with intent to manufacture, Class D felony maintaining a common nuisance and Class A misdemeanor possession of paraphernalia.

Carolyn Bostick v. State of Indiana (NFP)
49A05-1305-CR-226
Criminal. Affirms conviction of Class D felony theft.

Megan Pierce v. State of Indiana (NFP)
64A03-1304-CR-151
Criminal. Affirms sentence following guilty plea to Class B felony burglary.

Tonya Williams v. State of Indiana (NFP)
79A04-1303-CR-151
Criminal. Affirms sentence for Class C felony operating a vehicle while driving privileges were forfeited for life.

Tyson A. Hudson v. State of Indiana (NFP)
02A03-1305-CR-178
Criminal. Affirms convictions of Class C felony battery on a pregnant woman and Class A misdemeanor domestic battery.

Billye D. Gaulden v. State of Indiana (NFP)
02A04-1212-CR-651
Criminal. Re-affirms conviction and sentence for Class B felony robbery.

Marteques L. Black v. State of Indiana (NFP)
02A04-1306-CR-276
Criminal. Affirms conviction of Class B felony burglary.

Harold Evans, Jr. v. State of Indiana (NFP)
17A04-1307-CR-338
Criminal. Affirms sentence imposed following guilty plea to Class C felony possession of methamphetamine.

Paul L. Mishler, Jr. v. State of Indiana (NFP)
20A03-1209-PC-405
Post conviction. Affirms denial of petition for post-conviction relief.

Indiana Tax Court
Vern R. Grabbe v. Carroll County Assessor, Neda K. Duff
49T10-1206-TA-35
Tax. Finds the Indiana Board of Tax Review did not err in applying Grabbe’s 2009 agricultural property assessment to the 2010 tax year. The board’s determination that Grabbe’s 2010 assessment must be reduced to its 2009 assessed value is not contrary to law.

Vern R. Grabbe v. Carroll County Assessor, Neda K. Duff

49T10-1108-TA-51
Tax. Affirms 2009 assessment of Grabbe’s agricultural property. The board’s determination upholding the 2009 assessment is supported by substantial and reliable evidence and is not contrary to law.  

The Indiana Supreme Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

ADVERTISEMENT