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Opinions Feb. 14, 2012

February 14, 2012
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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.
 

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  1. The father is a convicted of spousal abuse. 2 restaining orders been put on him, never made any difference the whole time she was there. The time he choked the mother she dropped the baby the police were called. That was the only time he was taken away. The mother was suppose to have been notified when he was released no call was ever made. He made his way back, kicked the door open and terrified the mother. She ran down the hallway and locked herself and the baby in the bathroom called 911. The police came and said there was nothing they could do (the policeman was a old friend from highschool, good ole boy thing).They told her he could burn the place down as long as she wasn't in it.The mother got another resataining order, the judge told her if you were my daughter I would tell you to leave. So she did. He told her "If you ever leave me I will make your life hell, you don't know who your f!@#$%^ with". The fathers other 2 grown children from his 1st exwife havent spoke 1 word to him in almost 15yrs not 1 word.This is what will be a forsure nightmare for this little girl who is in the hands of pillar of the community. Totally corrupt system. Where I come from I would be in jail not only for that but non payment of child support. Unbelievably pitiful...

  2. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

  3. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  4. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

  5. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

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