ILNews

Opinions Feb. 10, 2011

February 10, 2011
Keywords
Back to TopE-mailPrintBookmark and Share

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.

 
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  2. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

  3. She must be a great lawyer

  4. Ind. Courts - "Illinois ranks 49th for how court system serves disadvantaged" What about Indiana? A story today from Dave Collins of the AP, here published in the Benton Illinois Evening News, begins: Illinois' court system had the third-worst score in the nation among state judiciaries in serving poor, disabled and other disadvantaged members of the public, according to new rankings. Illinois' "Justice Index" score of 34.5 out of 100, determined by the nonprofit National Center for Access to Justice, is based on how states serve people with disabilities and limited English proficiency, how much free legal help is available and how states help increasing numbers of people representing themselves in court, among other issues. Connecticut led all states with a score of 73.4 and was followed by Hawaii, Minnesota, New York and Delaware, respectively. Local courts in Washington, D.C., had the highest overall score at 80.9. At the bottom was Oklahoma at 23.7, followed by Kentucky, Illinois, South Dakota and Indiana. ILB: That puts Indiana at 46th worse. More from the story: Connecticut, Hawaii, Minnesota, Colorado, Tennessee and Maine had perfect 100 scores in serving people with disabilities, while Indiana, Georgia, Wyoming, Missouri and Idaho had the lowest scores. Those rankings were based on issues such as whether interpretation services are offered free to the deaf and hearing-impaired and whether there are laws or rules allowing service animals in courthouses. The index also reviewed how many civil legal aid lawyers were available to provide free legal help. Washington, D.C., had nearly nine civil legal aid lawyers per 10,000 people in poverty, the highest rate in the country. Texas had the lowest rate, 0.43 legal aid lawyers per 10,000 people in poverty. http://indianalawblog.com/archives/2014/11/ind_courts_illi_1.html

  5. A very thorough opinion by the federal court. The Rooker-Feldman analysis, in particular, helps clear up muddy water as to the entanglement issue. Looks like the Seventh Circuit is willing to let its district courts cruise much closer to the Indiana Supreme Court's shorelines than most thought likely, at least when the ADA on the docket. Some could argue that this case and Praekel, taken together, paint a rather unflattering picture of how the lower courts are being advised as to their duties under the ADA. A read of the DOJ amicus in Praekel seems to demonstrate a less-than-congenial view toward the higher echelons in the bureaucracy.

ADVERTISEMENT