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Opinions Feb. 24, 2011

February 24, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
French C. Mason v. State of Indiana
49A02-1005-CR-475
Criminal. Affirms convictions of Class D felonies resisting law enforcement and unlawful use of body armor. The trial court had sufficient evidence to show Mason resisted law enforcement and his crime rose to the Class D felony level and to conclude Mason intended to wear body armor in the aid of the felony of resisting law enforcement through the use of a vehicle.

Gayle Fischer v. Michael and Noel Heymann/ Michael and Noel Heymann v. Caryn J. Craig, et al.  
49A04-1004-PL-231
Civil plenary. Reverses judgment in favor of the Heymanns that Fischer reimburses the Heymanns’ earnest money deposit to purchase Fischer’s condominium and pay their litigation costs and attorney fees. The trial court clearly erred in concluding the property’s electrical concerns constituted “major defects” as defined in the purchase agreement. The substantive findings in the inspection report do not support an objectively reasonable belief that the defect was major. Remands for determination of damages owed to Fischer and reasonable attorneys fees to be awarded to her. Judge Elaine Brown dissents.

Stephanie L. Cotton v. Charles C. Cotton
43A03-1005-DR-325
Domestic relation. Reverses denial of Stephanie’s motion to set aside the decree of dissolution that the court had entered dissolving the Cottons’ marriage. The summons served on Stephanie was insufficient as a matter of law for the court to exercise personal jurisdiction over her, therefore, the decree is void. Remands for further proceedings.

In the Matter of the Adoption of M.B.; Je.B. v. Ja.B.
39A01-1007-AD-366
Adoption. Affirms order dismissing stepfather Je.B.’s petition to adopt M.B. without the consent of her natural father, Ja.B. The stepfather didn’t meet his burden of showing that the natural father’s consent is not required for the adoption and the trial court didn’t err when it denied and dismissed his petition to adopt M.B. without the father’s consent.

Bruce Fox v. Dennis Rice, et al.
54A01-1003-PL-97
Civil plenary. Grants rehearing to clarify that Fox’s false imprisonment ended when he was served with an arrest warrant and that Willis lacked final policymaking authority. Affirms original opinion in all respects.

Frank A. Workman, M.D., et al. v. Ann O'Bryan
29A05-1003-PL-169
Civil plenary. Affirms on interlocutory appeal the denial of Dr. Workman’s motion for summary judgment on the issue of statute of limitations in a medical malpractice suit brought by O’Bryan. O’Bryan met her burden to show, at least, an issue of material fact as to whether she filed her proposed complaint within a reasonable time.

Phillip Collier v. State of Indiana (NFP)
49A04-1007-CR-401
Criminal. Reverses conviction of Class A misdemeanor criminal trespass.

R.M. v. Review Board (NFP)
93A02-1004-EX-364
Civil. Affirms decision that R.M. was discharged for just cause and not eligible for unemployment benefits.

Term. of Parent-Child Rel. of W.C., et al.; D.C. v. IDCS (NFP)
57A03-1006-JT-350
Juvenile. Affirms involuntary termination of parental rights.

Timothy Huffman v. State of Indiana (NFP)
82A01-1008-CR-452
Criminal. Affirms denial of petition for post-conviction relief.

Bernard Pettis v. R.R. Donnelley & Sons (NFP)
93A02-1003-EX-392
Civil. Affirms decision of the Full Worker’s Compensation Board that affirmed the decision of a hearing member awarding Pettis more than $19,000 in temporary total disability benefits.

Term. of Parent-Child Rel. of B.G.; H.G. v. IDCS (NFP)
52A02-1007-JT-854
Juvenile. Affirms termination of parental rights.

Curtis Westbrook v. Nye's Wrecker Service (NFP)
18A02-1004-SC-451
Small claims. Affirms judgment denying Westbrook’s claim against Ney’s Wrecker Service arising from the impounding of Westbrook’s vehicle.

Jesus D. Russell v. State of Indiana (NFP)
53A01-1009-CR-443
Criminal. Affirms sentence following guilty plea to two counts of Class B felony burglary and one count of Class C felony criminal recklessness.

Richard Oldfield, Jr. v. State of Indiana (NFP)
69A01-1007-CR-408
Criminal. Affirms revocation of probation and order Oldfield serve the suspended portion of his sentence.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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