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Opinions Feb. 10, 2011

February 10, 2011
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Indiana Supreme Court
Killbuck Concerned Citizens Association v. J.M. Corporation and Ralph Reed
48S00-1003-PL-158
Civil plenary. Reverses trial court grant of J.M. Corporation’s motion for summary judgment on the grounds that Indiana Code Section 13-20-2-11, which would require further review and approval of zoning, violated the Indiana Constitution and remands for further proceedings. Declines to decide the constitutional issue, but finds because J.M. Corporation’s facilities accepted wasted before April 1, 2008, Indiana Code Section 13-20-2-11 doesn’t apply.

Indiana Court of Appeals
Christine and Ivan Kolozsvari v. John Doe, M.D., Jane Doe, R.N., Kelley Branchfield, R.Ph., and Hook SuperX, LLC
32A04-1008-CT-525
Civil tort. Reverses summary judgment against the Kolozsvaris and in favor of Kelley Branchfield and Hook Super X (CVS) in the Kolozsvaris’ suit alleging negligence and loss of consortium after Christine took a prescribed drug that caused kidney failure and the pharmacist disregarded warnings about drug interactions. In light of the evidence, CVS and Branchfield had a duty of care to Christine to either warn her of the side effects of the drug or to withhold the medication in accordance with Indiana Code Section 25-26-13-16 and Pharmacy Board rule 1-33-2. Remands for further proceedings.

Beneficial Indiana, Inc. v. Joy Properties, LLC
02A05-1005-PL-260
Civil plenary. Reverses order to the Allen County treasurer and auditor that it disburse to Joy Properties the surplus funds from a tax sale of real estate in Fort Wayne that Beneficial had an interest in. Beneficial has a more substantial interest in the real estate and that equity requires disbursement of the tax surplus funds to Beneficial.

Nexus Group Inc. v. Heritage Appraisal Service and Alan Landing
46A03-1007-PL-418
Civil plenary. Affirms summary judgment in favor of Heritage Appraisal Service and Landing in Nexus’ complaint for defamation per se, defamation per quod, and punitive damages. It is undisputed that Heritage’s statements related to a matter of public interest and that Nexus failed to designate any evidence showing that Heritage acted in bad faith or without a reasonable basis in law and fact when it made its statements in the letter. Remands for a hearing on appellate attorney fees.

Charles E. Justise, Sr. v. Jerry Huston, et al. (NFP)
77A01-1009-MI-511
Miscellaneous. Affirms dismissal of Justise’s pro se complaint against Jerry Huston and Karen Richards alleging they denied him access to legal research materials while he was in the Wabash Valley Correctional facility.

Ernest Smith v. State of Indiana (NFP)
49A05-1006-CR-339
Criminal. Affirms convictions of Class D felony attempted theft and Class B misdemeanor unauthorized entry of a motorized vehicle.

Term. of Parent-Child Rel. of B.B. & M.B.; K.A. & B.B. v. I.D.C.S. (NFP)
33A01-1007-JT-379
Juvenile. Affirms termination of parent-child relationship.

Willie G. Pargo v. State of Indiana (NFP)
49A02-1005-CR-573
Criminal. Affirms convictions of Class A felony dealing in cocaine, Class C felony possession with a firearm, and Class B felony unlawful possession of a firearm by a serious violent felon.

Charles Durham v. State of Indiana (NFP)
49A04-1006-PC-363
Post conviction. Affirms denial of petition for post-conviction relief.

Stephan D. Parks v. State of Indiana (NFP)
49A02-1006-CR-631
Criminal. Affirms sentence for voluntary manslaughter as a Class A felony.

Daniel A. Demaree v. State of Indiana (NFP)
55A01-1005-CR-295
Criminal. Affirms convictions of and sentence for five counts of Class A felony child molesting.

Rextori Pizza, et al. v. Dutch Mill Plaza, LLC (NFP)
90A02-1008-CC-920
Civil collections. Affirms order entering final judgment in favor of Dutch Mill Plaza on its complaint against Rextori for breach of contract and on Rextori’s counterclaims for wrongful eviction and conversion. Remands for a hearing on appellate attorney fees.

Douglas Alan Baker, Jr. v. State of Indiana (NFP)
42A01-1006-CR-320
Criminal. Affirms conviction of maintaining a common nuisance as a Class D felony.

James McMahon v. State of Indiana (NFP)
49A02-1004-CR-416
Criminal. Affirms conviction of Class C felony child molestation.

Michael A. Thompson v. State of Indiana (NFP)
53A01-1001-CR-24
Criminal. Affirms conviction of Class B felony aggravated battery.

L.P. v. State of Indiana (NFP)
49A02-1006-JV-766
Juvenile. Reverses order modifying probation and suspended commitment and remands for further proceedings.

Indiana Tax Court had posted no opinions at IL deadline.

 
 

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  1. My husband financed a car through Wells Fargo In dec 2007 and in Jan 2012 they took him to court to garnish his wages through a company called autovest llc . Do u think the statue of limitations apply from the day last payment was received or from what should have been the completion of the loan

  2. Andrew, you are a whistleblower against an ideologically corrupt system that is also an old boys network ... Including old gals .... You are a huge threat to them. Thieves, liars, miscreants they understand, identify with, coddle. But whistleblowers must go to the stake. Burn well my friend, burn brightly, tyger.

  3. VSB dismissed the reciprocal discipline based on what Indiana did to me. Here we have an attorney actually breaking ethical rules, dishonest behavior, and only getting a reprimand. I advocated that this supreme court stop discriminating against me and others based on disability, and I am SUSPENDED 180 days. Time to take out the checkbook and stop the arrogant cheating to hurt me and retaliate against my good faith efforts to stop the discrimination of this Court. www.andrewstraw.org www.andrewstraw.net

  4. http://www.andrewstraw.org http://www.andrewstraw.net If another state believes by "Clear and convincing evidence" standard that Indiana's discipline was not valid and dismissed it, it is time for Curtis Hill to advise his clients to get out the checkbook. Discrimination time is over.

  5. Congrats Andrew, your street cred just shot up. As for me ... I am now an administrative law judge in Kansas, commissioned by the Governor to enforce due process rights against overreaching government agents. That after being banished for life from the Indiana bar for attempting to do the same as a mere whistleblowing bar applicant. The myth of one lowly peasant with the constitution does not play well in the Hoosier state. As for what our experiences have in common, I have good reason to believe that the same ADA Coordinator who took you out was working my file since 2007, when the former chief justice hired the same, likely to "take out the politically incorrect trash" like me. My own dealings with that powerful bureaucrat and some rather astounding actions .. actions that would make most state courts blush ... actions blessed in full by the Ind.S.Ct ... here: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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