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Opinions Jan. 15, 2013

January 15, 2013
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Indiana Supreme Court
Timothy W. Plank, Individually and as Personal Representative of the Estate of Debra L. Plank, Deceased v. Community Hospitals of Indiana, Inc., and State of Indiana
49S04-1203-CT-135
Civil tort. Affirms trial court denial of Timothy Plank’s request to hold an evidentiary hearing to challenge the constitutionality of the Medical Malpractice Act. Plank forfeited his opportunity to conduct such a hearing.

Indiana Court of Appeals
George Dean King v. Kay S. King, et al.
49A02-1202-MF-73
Mortgage foreclosure. Affirms trial court’s approval of the receiver’s Verified Final Accounting relating to the receivership of eight business entities founded by George W. King and the distribution of the receivership assets among his three children. The COA rejected George Dean King’s assertion that the conveyance of Crown Associates Inc. included certain inter-company accounts receivable created by the court-appointed receiver. The COA ruled the trial court did not abuse its discretion because the siblings’ settlement agreement which transferred ownership of Crown to George Dean King did not specifically mention the accounts receivable.  

Amir H. Sanjari v. State of Indiana
20A03-1206-CR-273
Criminal. Affirms 10-year sentence for nonsupport of dependent children after resentencing ordered by the Indiana Supreme Court, holding that Amir Sanjari’s sentence was not inappropriate given Sanjari’s character and that Sanjari presented no evidence that the sentence was vindictive.

Steven Engelking v. Amy Engelking
18A02-1206-DR-495
Domestic relation. Affirms trial court judgment requiring Steven Engelking to pay child support for two children born through artificial insemination from a third-party sperm donor. The court rejected Steven Engelking’s argument that he did not knowingly and voluntarily consent to the artificial inseminations and ruled that both parents have an obligation to support the children.

Secrena D. Erwin, individually and as Mother of Sheyenne R. Jenkins, deceased v. HSBC Mortgage Services, Inc., Ian's Pointe Homeowners Association, Inc., and R&G Management Co., Inc., et al.
32A01-1202-CT-80
Civil tort. Affirms trial court’s grant of summary judgment in favor of HSBC et. al. in the wrongful death action filed after the drowning of 5-year-old Sheyenne Erwin. The appeals court held that the grant of summary judgment based on lack of duty was properly granted.

J.R. v. State of Indiana
49A05-1204-JV-175
Juvenile. Affirms adjudication as a delinquent child for burglary, which would be a Class B felony if committed by an adult; theft, which would be a Class D felony if committed by an adult; auto theft, which would be a Class D felony if committed by an adult; and resisting law enforcement, which would be a Class A misdemeanor if committed by an adult.

John Pichon, Jr. v. American Heritage Banco, Inc., et al.
76A03-1201-PL-4
Civil plenary. Affirms in part, reverses in part and remands for new trial after a judgment of $1,189,105 plus interest had been entered against John Pichon, holding the trial court erred in excluding from evidence an exhibit purporting to show Pichon repaid a $650,000 promissory note.

Designplan, Inc. and Jill D. Willey v. John R. Price and The National Bank of Indianapolis Corporation (NFP)
29A05-1203-PL-120
Civil Plenary. There was no breach of duty, and the trial court did not err by granting NBI’s motion for summary judgment.

Bin Mu v. State of Indiana (NFP)
49A05-1205-CR-310
Criminal. Affirms conviction of Class D felony criminal confinement and Class A misdemeanor battery.

Norma E. Singo, et al. v. Deutsche Bank National Trust Company Americas, and Fred Shimfessel, Richard Cart, d/b/a Cart's Creative Designs and Encore Credit Corp. (NFP)
39A01-1202-MF-48
Mortgage foreclosure. Affirms summary judgment in favor of Deutsche Bank, et al.

Kelly Lee Muncy, Kendra Marie Vondersaar, Karen Kay Muncy and Kim Sue Muncy v. Town of Avon, Indiana (NFP)
32A04-1203-OV-134
Local ordinance violation/zoning. Affirms trial court ruling that use of property for open storage violates an Avon zoning ordinance.

Pamela J. Podemski v. U.S. Bank National Association as Trustee (NFP)
20A03-1207-MF-325
Mortgage foreclosure. Affirms trial court denial of Pamela Podemski’s motion to set aside default judgment and foreclosure decree.

State of Indiana v. Jason Burkett (NFP)
09A02-1205-PC-356
Post conviction. Reverses and remands post-conviction relief court’s grant of petition for post-conviction relief.

Term. of the Parent-Child Rel. of Tr.C., Te.C., and K.C. (Minor Children); N.C. aka N.J. (Father) v. The Indiana Dept. of Child Services (NFP)
42A04-1205-JT-273
Juvenile. Affirms termination of parental rights.


 

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  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

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  4. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  5. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

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