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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. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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