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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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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