ILNews

Opinions Feb. 14, 2012

February 14, 2012
Keywords
Back to TopE-mailPrintBookmark and Share

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday:
St. Paul Fire & Marine Insurance Company v. Schilli Transportation Services, Inc.
No. 11-2307
U.S. District Court, Northern District of Indiana, Hammond Division, Magistrate Judge Andrew P. Rodovich.
Civil. Reverses District Court’s grant of summary judgment in favor of St. Paul Fire & Marine Insurance Co. – Schilli Transporation’s insurer – holding that the insurance policy was ambiguous as to the nature of the defendants’ liability for the deductible. Reverses and remands for further proceedings.

Tuesday’s opinions

The 7th Circuit Court of appeals had posted no Indiana opinions by IL deadline.

Indiana Court of Appeals

In Re: The Marriage of K.Z. and M.H.
43A05-1107-DR-436
Domestic relation. Affirms trial court’s order modifying dissolution decree to reflect that a child of the marriage between K.Z. and M.H. had been born after their divorce. Citing mother’s statement in the original dissolution decree, holds that no question of paternity exists, and therefore, the court did not abuse its discretion in modifying the dissolution decree at the father’s request.

State of Indiana v. Renee Lynch
49A02-1105-CR-529
Criminal. Reverses trial court’s grant of Lynch’s motion to suppress evidence obtained from a traffic stop, holding that because she did not turn left from a designated turn-only lane, a police officer had probable cause to pull her over for that infraction, and therefore evidence of her intoxication during that traffic stop is admissible.

Term. of Parent-Child Rel. of C.M., G.M., and R.M.; A.M. (Mother) and C.M. (Father) v. Indiana Dept. of Child Services, Dearborn County Office
15A01-1104-JT-204
Juvenile. On petition for rehearing, affirms original opinion that the Department of Child Services must make a prima facie showing about current conditions before the parents are obliged to come forward with evidence. Holds that the Legislature chose to require proof of present conditions before a child can be removed from a home and that the appellate court is not at liberty to alter statutory language.

Austin White v. Jessamyn Rhymer (NFP)
25A05-1109-SC-507
Small claims. Affirms trial court’s denial of White’s motion to set aside judgment when it dismissed his counterclaim. Holds that White has established the trial court committed a prima facie error when it awarded attorney fees to Rhymer and therefore reverses on that ground.

Michael T. Hackworth v. State of Indiana (NFP)
79A02-1106-CR-526
Criminal. Affirms conviction of two counts of Class A felony dealing in cocaine and for being a habitual offender.

Robert M. Nolan v. State of Indiana (NFP)
22A01-1007-CR-433
Criminal. Affirms convictions of Class C felony child molesting, two counts of Class D felony child seduction and Class B felony rape.

R.T. Moore Co., Inc., FAHS Construction Group, Hearth at Tudor Gardens, LLC and Hearth at Juday Creek, LLC vs. Slant/Fin Corporation (NFP)
49A04-1109-CC-463
Civil collections. Reverses trial court’s grant of summary judgment of Slant/Fin Corporation, holding that Slant/Fin was a “materialman” in its agreement with DuraFlo, that the materialman-to-materialman relationship does not permit Slant/Fin to hold a mechanic’s lien or seek protections of the Personal Liability Notice Statute.

Gerald P. VanPatten v. State of Indiana (NFP)
02A03-1103-CR-113
Criminal. Affirms two convictions of Class A felony child molesting and one conviction for Class C felony child molesting.

Keith R. Erwin v. State of Indiana (NFP)
49A02-1107-CR-584
Criminal. Affirms conviction of Class A misdemeanor trespass.

Roy A. Dinwiddie v. State of Indiana (NFP)
90A02-1106-CR-569
Criminal. Affirms conviction of Class D felony battery.

Term. of the Parent-Child Rel. of B.T. and L.T. v. The Indiana Dept. of Child Services (NFP)
79A02-1107-JT-665
Juvenile. Affirms termination of mother’s parental rights.

Brandi Lynn Ramsey v. State of Indiana (NFP)
48A02-1105-CR-443
Criminal. Affirms trial court’s decision to revoke probation and order to sever remainder of sentence.

William Lamar Bass v. State of Indiana (NFP)
18A02-1109-CR-835
Criminal. Affirms convictions of Class A felony attempted murder and Class C felony criminal recklessness.

William K. Aynes v. State of Indiana (NFP)
48A02-1106-CR-517
Criminal. Affirms trial court’s order revoking probation.

Aileen (Scott) Kruse v. James D. Scott (NFP)
29A04-1106-DR-303
Domestic relation. Affirms trial court’s order resolving father’s child support arrearage and other child support issues.

Richard William, as Personal Rep. of the Estate of Mary Lee Enlow, Deceased, and Vickie Lee Williams v. Kevin Heavner, as Personal Rep. of the Estate of Norman Heavner, Deceased (NFP)
87A05-1104-PL-235
Civil plenary. Affirms trial court’s judgment in favor of deceased’s personal representative.

Kathleen T. Mercier v. Review Board of the Indiana Dept. of Workforce Development and HSS Systems, Inc. (NFP)
93A02-1107-EX-719
Civil. Affirms decision by the Department of Workforce Development Review Board that Mercier was discharged for just cause and therefore was not entitled to unemployment benefits.

Term. of Parent-Child Rel. of K.E. & H.E. (Minor Children) and D.E. (Father) & D.E. (Mother) v. Indiana Dept. of Child Services (NFP)
72A01-1107-JT-331
Juvenile. Affirms termination of parental rights for mother and father.

Delaney Wright v. State of Indiana (NFP)
48A02-1106-CR-562
Criminal. Affirms conviction of Class D felony residential entry.

Rick Carter v. Kristina Anderson (NFP)
41A01-1107-PO-301
Protective order. Reverses protective order in favor of Anderson, holding that the trial court did not listen to Carter’s witnesses or allow him to enter evidence in his defense and misinterpreted the grounds for issuing a protective order.

John Rogers v. State of Indiana (NFP)
10A05-1109-PC-525
Post conviction. Affirms denial of petition for post-conviction relief.

James Arthur v. Michael F. Ward, as Personal Rep. of the Estate of Judith A. Arthur and Delbert N. Arthur, III, Individually (NFP)
22A01-1107-PL-326
Civil plenary. Affirms trial court’s grant of summary judgment in favor of appellees, holding James Arthur did not demonstrate a material issue of fact as to whether his mother signed estate documents. Remanded to the trial court for further litigation on the mother’s testamentary capacity, holding James Arthur had provided sufficient evidence to create a genuine issue of material fact on that claim.  

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

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

ADVERTISEMENT