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Opinions Feb. 15, 2013

February 15, 2013
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Indiana Court of Appeals
South Shore Baseball, LLC d/b/a Gary South Shore Railcats, and Northwest Sports Venture, LLC v. Juanita DeJesus
45A03-1205-CT-222
Civil tort. Reverses denial of summary judgment for South Shore Baseball on DeJesus’ lawsuit filed after she was hit by a foul ball at a game. As a matter of law, the appellants can’t be held liable for her injuries. Remands with instructions for the court to issue summary judgment in favor of South Shore Baseball.

Amanda Vaughn v. State of Indiana

49A02-1207-CR-544
Criminal. Reverses order Vaughn perform 40 hours of community service in lieu of paying court costs and a fine after pleading guilty to Class A misdemeanor criminal trespass. The trial court lacked statutory authority to impose a community service requirement in lieu of costs and fees. Remands for the court to address the imposition of costs and fees in this case. Judge Baker dissents.  

Amy Jean Kristoff v. Centier Bank
45A03-1204-TR-186
Trust. Affirms grant of summary judgment for the bank, the trustee of the Amy Jean Kristoff Exempt Trust, in Kristoff’s action to modify the terms of the trust established by her late mother. Rejects the premise of Kristoff’s argument that the purpose of the trust was to provide for Sally Kristoff’s non-existent grandchildren.

VFW Post 2953, et al. v. City of Evansville and Evansville Common Council (NFP)
82A01-1206-PL-255
Civil plenary. Affirms denial of the fraternal organizations’ petition for injunctive relief and a declaratory judgment that a city ordinance prohibiting smoking violates the Indiana Constitution.

Shawn J. Lee v. State of Indiana (NFP)

32A01-1207-CR-329
Criminal. Vacates conviction of Class D felony theft and remands for further proceedings.

Misty DeMoss v. Toby Dolan (NFP)

55A04-1209-SC-458
Small claim. Affirms finding that DeMoss acted in direct contempt of court.

Tasha Parsons v. State of Indiana (NFP)
16A01-1208-CR-356
Criminal. Affirms murder sentence.

Larry J. Briski v. Peoples Bank (NFP)

45A03-1208-PL-343
Civil plenary. Affirms summary judgment in favor of the bank on the bank’s action to enforce a guaranty for $50,000 against Briski.

Courtney A. Wuethrich v. State of Indiana (NFP)

66A03-1206-CR-276
Criminal. Affirms convictions of Class C misdemeanors illegal consumption of alcohol and operating a vehicle with a blood alcohol concentration equivalent to at least 0.08 but less than 0.15.

Dennis White v. State of Indiana (NFP)

48A02-1207-CR-588
Criminal. Affirms order of maximum and consecutive sentences following a guilty plea to one count each of Class C felony criminal confinement, Class D felony criminal confinement and Class D felony torturing or mutilating a vertebrate animal.

In Re: The Paternity of K.D.; M.G. v. S.D. (NFP)

32A01-1209-JP-432
Juvenile. Affirms modification of custody in favor of father, but reverses order mother must pay $750 toward father’s attorney fees.

Clarence E. Smith v. State of Indiana (NFP)
47A04-1206-CR-315
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Pie Kitchen, LLC d/b/a Homemade Ice Cream and Pie Kitchen v. Merchant, LLC (NFP)
10A01-1207-CC-322
Civil collection. Affirms summary judgment in favor of the merchant, awarding it more than $48,000 in damages and interest in a lease dispute.

Brian Williams v. State of Indiana (NFP)
49A05-1206-CR-301
Criminal. Affirms conviction of Class B felony aggravated battery.

Jesse L. Rose v. State of Indiana (NFP)
09A05-1205-CR-251
Criminal. Affirms four convictions of Class A felony child molesting and 200-year sentence.

Paul Stieler Enterprises, Inc. d/b/a Harbor Bay, et al. v. City of Evansville and Evansville Common Council (NFP)

82A01-1205-CT-242
Civil tort. Affirms denial of the tavern owners request for injunctive relief and a declaratory judgment that an Evansville ordinance prohibiting smoking in certain locations violates the Indiana Constitution.

The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline. The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
 

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  1. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  5. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

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