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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. 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.

  2. 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!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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