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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. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  2. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

  3. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  4. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  5. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

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