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Opinions Dec. 31, 2013

December 31, 2013
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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.
 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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