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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.
84S01-1105-CV-282
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
20A04-1003-CR-195
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
49A05-1103-PL-85
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
49A02-1103-JV-290
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)
79A02-1106-CR-690
Criminal. Affirms sentence following guilty plea to felony murder.

Opie W. Glass v. State of Indiana (NFP)
30A05-1107-PC-373
Post conviction. Affirms denial of petition for post-conviction relief.

Dustin Tumbleson v. State of Indiana (NFP)
90A02-1107-CR-613
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)
47A05-1104-JT-232
Juvenile. Affirms termination of parental rights.

Larry Hellyer v. State of Indiana (NFP)
34A04-1107-CR-396
Criminal. Affirms denial of motion to correct erroneous sentence.

Nicholas A. Meade v. State of Indiana (NFP)
43A05-1106-CR-311
Criminal. Affirms sentence imposed following determination Meade violated his probation.

Mikeia Lewis v. State of Indiana (NFP)
49A02-1103-CR-267
Criminal. Affirms conviction of Class A misdemeanor criminal conversion.

Leonard T. Marshall v. State of Indiana (NFP)
71A05-1103-CR-103
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)
49A05-1103-CT-142
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)
70A01-1104-DR-183
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. This is easily remedied, and in a fashion that every church sacrificing incense for its 501c3 status and/or graveling for government grants should have no problem with ..... just add this statue, http://commons.wikimedia.org/wiki/File:Capitoline_she-wolf_Musei_Capitolini_MC1181.jpg entitled, "Jesus and Cousin John learn to suckle sustenance from the beloved Nanny State." Heckfire, the ACLU might even help move the statue in place then. And the art will certainly reflect our modern life, given the clergy's full-bellied willingness to accede to every whim of the new caesars. If any balk, just threaten to take away their government milk … they will quiet down straightaway, I assure you. Few, if any of them, are willing to cross the ruling elite as did the real J&J

  2. Tina has left the building.

  3. Is JLAP and its bevy of social "scientists" the cure to every ailment of the modern practitioner? I see no allegations as to substance abuse, but I sure see a judge who has seemingly let power go to her head and who lacks any appreciation for the rule of law. Seems that she needs help in her legal philosophy and judicial restraint, not some group encounter session to affirm she is OK, we are OK. Can’t we lawyers just engage in peer professionalism and even peer pressure anymore? Need we social workers to tell us it is wrong to violate due process? And if we conduct ourselves with the basic respect for the law shown by most social workers .... it that good enough in Indiana? If not, then how is JLAP to help this 2003 law school grad get what her law school evidently failed to teach her? (In addition .... rhetorical question … I have a theory that the LAP model serves as a conduit for governmental grace when the same strict application of the law visited upon the poor and the powerless just will not do. See in the records of this paper ... can the argument be made that many who save their licenses, reputations, salaries by calling upon that font of grace are receiving special treatment? Who tracks the application of said grace to assure that EP and DP standards are fully realized? Does the higher one climbs inside the Beltway bring greater showers of grace? Should such grace be the providence of the government, or the churches and NGO's? Why, we would not want to be found mixing the remnants of our abandoned faith with the highest loyalty to the secularist state, now would we?)

  4. Is JLAP and its bevy of social "scientists" the cure to every ailment of the modern practitioner? I see no allegations as to substance abuse, but I sure see a judge who has seemingly let power go to her head and who lacks any appreciation for the rule of law. Seems that she needs help in her legal philosophy and judicial restraint, not some group encounter session to affirm she is OK, we are OK. Cannot we lawyers not engage in peer professionalism and even pressure anymore? Need we social workers to tell us it is wrong to violate due process? And if we conduct ourselves with the basis respect for the law shown by most social workers .... it that good enough in Indiana?

  5. Judge Baker nails it: "Russell was in a place he did not have a right to be, to take an action he did not have a right to take. Russell neglected to leave that property even after engaging in a heated argument with and being struck with a broom handle by the property owner." AS is noted below ... sad to think that the next shoe to drop will be the thief suing the car owner. That is justice?

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