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Opinions Feb. 18, 2014

February 18, 2014
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Indiana Court of Appeals
Robert Durall v. Mark S. Weinberger, M.D., Mark Weinberger, M.D., P.C., Merrillville Center for Advanced Surgery, LLC, and Nose and Sinus Center, LLC
45A03-1304-CT-103
Civil tort. Dismisses grant of partial summary judgment to Mark Weinberger and other defendants. This discretionary interlocutory appeal is untimely.

Tanner Piotrowski v. State of Indiana
46A03-1306-CR-222
Criminal. Affirms denial of Piotrowski’s motion to exclude any evidence or testimony from the state Department of Toxicology. After reviewing the relevant statutes, finds that the Legislature intended I.C. 10-20-2-7 to effectuate a transfer of control of the Department of Toxicology from the Indiana University School of Medicine to the state of Indiana. Although the Legislature transferred rulemaking authority to the state, it did not specifically require the state to promulgate a new set of rules regarding breath testing and gave the state discretion to rely upon the rules previously in existence. The court did not err when it denied Piotrowski’s motion to exclude.

In the Matter of the Adoption of J.L.J. and J.D.J., Minor Children; J.J. and T.H. v. D.E.
53A01-1306-AD-285
Adoption. Affirms order dispensing with father’s consent to the adoption of his children and denying grandmother T.H.’s petitions for guardianship and adoption of her grandchildren in favor of D.E. Sufficient evidence supports the trial court’s determination that father’s consent was not required based on his knowing failure to provide care and support for the twins despite an ability to do so. The trial court did not abuse its discretion in concluding that grandmother was not entitled to notice of the guardianship proceedings. Affirms it is in the best interest of the twins to remain with the guardian.

Segun Rasaki v. State of Indiana
49A05-1307-CR-330
Criminal. Dismisses Rasaki’s appeal following conviction of Class D felony sexual battery and Class B misdemeanor battery. Concludes, sua sponte, that the appeal is untimely.

State of Indiana v. Jeremy Ripperdan (NFP)
31A01-1305-CR-206
Criminal. Reverses suppression of the results of a search of property where Ripperdan had allegedly previously sold methamphetamine. Remands for further proceedings.

Jonathan "Slade" Taylor and Mark A. Casey v. Eric "Rico" Elmore and Fatheadz, Inc. (NFP)
32A05-1305-PL-257
Civil plenary. Reverses summary judgment for Elmore and Fatheadz on a complaint alleging fraud and other claims.

In the Matter of: R.C. v. K.P. (NFP)
02A03-1308-PO-375
Protective order. Affirms protective order against R.C.

In Re the Adoption of D.E.C.; B.C. v. P.L. (NFP)
29A05-1307-AD-369
Adoption. Affirms finding that father’s consent to stepfather’s adoption of D.E.C. was not necessary and that the adoption was in the child’s best interest.

In Re the Marriage of: Earika Fussner v. Clint Fussner (NFP)
87A01-1306-DR-261
Domestic relation. Affirms denial of wife’s motion for clarification and husband’s motion to dismiss.  

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

 

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  1. Future generations will be amazed that we prosecuted people for possessing a harmless plant. The New York Times came out in favor of legalization in Saturday's edition of the newspaper.

  2. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  3. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  4. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  5. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

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