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Opinions Dec. 7, 2011

December 7, 2011
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Court of Appeals
In the Matter of the Estate of Melissa K. Patrick: Yvonne Griffith v. Jason Patrick
17A03-1104-ES-190
Estate, supervised. Affirms denial of the estate’s motion to dismiss a petition for survivor’s allowance filed by Melissa Patrick’s surviving spouse, Jason. The trial court did not commit clear error in determining that Ind. Code 29-1-2-14 did not divest Patrick of a survivor’s share of the estate with his late wife.

Ivelisse Martinez v. Jung I. Park, M.D., and St. Margaret Mercy Healthcare Centers, Inc.
45A05-1012-CT-799
Civil tort. Affirms grant of summary judgment to Dr. Park on Martinez’s claim for medical negligence and to St. Margaret Mercy on Martinez’s claim for negligent credentialing. Martinez failed to come forth with any evidence to rebut Park’s expert opinion that his medical treatment of Martinez met the applicable standard of care, and without an underlying breach of the standard of care by Park proximately causing Martinez’s injuries, the healthcare center can’t be liable for the negligent credentialing of him.

A.H. v. State of Indiana (NFP)
49A05-1104-JV-208
Juvenile. Affirms adjudication as a juvenile delinquent for committing what would be Class A misdemeanor possession of paraphernalia if committed by an adult.

Timothy E. Strowmatt v. Kim Rodriguez (NFP)
17A03-1105-DR-218
Domestic relation. Affirms denial of Strowmatt’s motion for relief from judgment.

Joseph D. Hillenburg v. State of Indiana (NFP)
47A01-1103-CR-126
Criminal. Affirms sentence following guilty plea to Class A felony manslaughter and Class C felony battery by means of a deadly weapon.

Paul Hinton v. State of Indiana (NFP)
34A02-1104-CR-322
Criminal. Affirms conviction of Class D felony possession of cocaine.

Nathaniel Jeffers v. State of Indiana (NFP)
49A04-1104-CR-165
Criminal. Affirms convictions of and sentences for six counts of Class A felony child molesting, one count of Class C felony child molesting and one count of Class D felony battery.

Sybron Pinkston v. State of Indiana (NFP)
02A03-1104-CR-167
Criminal. Affirms convictions of Class D felony battery and Class D felony resisting law enforcement.

Jesus D. Zuniga v. State of Indiana (NFP)
82A01-1103-CR-131
Criminal. Affirms sentence following guilty plea to Class B felony burglary.

John F. Otto, Jr. v. Scott Douglas Woodhams (NFP)
02A03-1105-SC-200
Small claim. Affirms denial of Otto’s motion to correct error on the judgment on his claim against his tenant, Woodhams.

Keyone Johnson v. State of Indiana (NFP)
49A02-1102-PC-274
Post conviction. Affirms denial of petitions for post-conviction relief.

Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  2. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

  3. No, Ron Drake is not running against incumbent Larry Bucshon. That’s totally wrong; and destructively misleading to say anything like that. All political candidates, including me in the 8th district, are facing voters, not incumbents. You should not firewall away any of voters’ options. We need them all now more than ever. Right? Y’all have for decades given the Ds and Rs free 24/7/365 coverage of taxpayer-supported promotion at the expense of all alternatives. That’s plenty of head-start, money-in-the-pocket advantage for parties and people that don’t need any more free immunities, powers, privileges and money denied all others. Now it’s time to play fair and let voters know that there are, in fact, options. Much, much better, and not-corrupt options. Liberty or Bust! Andy Horning Libertarian for IN08 USA House of Representatives Freedom, Indiana

  4. A great idea! There is absolutely no need to incarcerate HRC's so-called "super predators" now that they can be adequately supervised on the streets by the BLM czars.

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