Opinions Jan. 20, 2012

January 20, 2012
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court
Indiana Dept. of Insurance, Indiana Patient's Compensation Fund v. Robin Everhart, Personal Rep. of the Estate of James K. Everhart, Jr.
Civil. Affirms award of statutory maximum of $1 million in excess damages from the Indiana Patient’s Compensation Fund to Robin Everhart. Does not see any grounds on which to reduce the trial court’s award of $1 million in excess damages, so deciding whether to extend or halt Cahoon’s advance would seem unnecessary at best. The fund was not entitled to a set-off.

Indiana Court of Appeals
Jose Castillo-Aguilar v. State of Indiana
Criminal. Reverses denial of Castillo-Aguilar’s motion to suppress his answers on the information sheet he completed at the police station. He was subjected to “interrogation” when he was asked to fill out the information sheet, so he should have been given a Miranda warning.   

Apex 1 Processing, Inc. v. Akeala Edwards, on Behalf of Herself and Others Similarly Situated
Civil plenary. Affirms denial of Apex 1’s motion to compel arbitration of Edwards’ claim. As the designation of the arbitrator was integral to the arbitration provision, the trial court correctly determined that the agreement was impossible to perform and thus void.

K.F. v. State of Indiana
Juvenile. Affirms finding that K.F. committed acts that would be burglary and theft if committed by an adult based on sufficient evidence. Reverses finding that she committed what would be carrying a handgun without a license if committed by an adult because of insufficient evidence. The juvenile court did not abuse its discretion by admitting into evidence K.F.’s statement made to her mother, but it did err by allowing a police officer to testify as to the mother’s hearsay statements. The admission of that testimony was harmless error. Remands for the juvenile court to correct the dispositional order and CCS entry to accurately reflect the true findings entered by the court.

Louis L. Blacknell, Jr. v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to felony murder.

Opie W. Glass v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief.

Dustin Tumbleson v. State of Indiana (NFP)
Criminal. Reverses sentence following guilty plea to Class A misdemeanor battery and remands with instructions.

Term. of the Parent-Child Rel. of R.C. & S.C.; R.C. (Mother) v. The Indiana Dept. of Child Services (NFP)
Juvenile. Affirms termination of parental rights.

Larry Hellyer v. State of Indiana (NFP)
Criminal. Affirms denial of motion to correct erroneous sentence.

Nicholas A. Meade v. State of Indiana (NFP)
Criminal. Affirms sentence imposed following determination Meade violated his probation.

Mikeia Lewis v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor criminal conversion.

Leonard T. Marshall v. State of Indiana (NFP)
Criminal. Affirms convictions of rape, criminal confinement, intimidation, strangulation, residential entry, resisting law enforcement and false informing.

Patricia Mowery and Harold R. Mowery, Jr. v. Arron L. Hofmeister, Individually and as Employee/Agent of Marathon Petroleum Co., LP, and Marathon Petroleum Co., LP (NFP)
Civil tort. Affirms jury verdict in favor of Hofmeister in the Mowerys’ action for damages from a collision.

In Re: The Marriage of Cindy B. Neal and George Neal, Jr.; Cindy B. Neal v. George Neal, Jr. (NFP)
Domestic relation. Affirms award of certain personal property to George Neal, the denial of cleanup costs and attorney fees, and the award of certain bank accounts to Cindy Neal.

Indiana Tax Court had posted no opinions at IL deadline.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.