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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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  2. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  3. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  4. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  5. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

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