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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. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  2. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

  3. Diversity is important, but with some limitations. For instance, diversity of experience is a great thing that can be very helpful in certain jobs or roles. Diversity of skin color is never important, ever, under any circumstance. To think that skin color changes one single thing about a person is patently racist and offensive. Likewise, diversity of values is useless. Some values are better than others. In the case of a supreme court justice, I actually think diversity is unimportant. The justices are not to impose their own beliefs on rulings, but need to apply the law to the facts in an objective manner.

  4. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

  5. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

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