ILNews

Opinions Jan. 25, 2011

January 25, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Adoption of L.C.E.; D.H. v. J.H. and J.D.E.
47A05-1008-AD-474
Adoption. Reverses adoption of L.C.E. by his maternal grandfather J.D.E. The stepfather, D.H., had custody of L.C.E. and his consent is required for the adoption of L.C.E. The trial court erred in granting the grandfather’s petition prior to the expiration of the 30 days provided for objection to be filed and prior to receiving D.H.’s properly filed objection.

Jeffery T. Curry, et al. v. Andrew Whitaker, et al.
49A02-1004-CC-398
Civil collections. Affirms summary judgment for Whitaker and Santa-Cruz Chavez on the Currys’ complaint for invasion of privacy by intrusion, invasion of privacy by false light, and intentional infliction of emotional distress. There is no genuine issue of material fact and Whitaker and Santa-Cruz Chavez are entitled to judgment as a matter of law.

Darlene Baca v. RPM, Inc., c/o Patty Brown
79A02-1006-SC-655
Small claim. Reverses order by Tippecanoe Superior Court 4 that Baca, a disabled and indigent small claims litigant, perform four hours of community service to have her claim set for a hearing. The policy is not a duly promulgated local rule and is unenforceable.

Phyllis Hardy, et al. v. Mary Jo Hardy
51A01-1005-PL-248
Civil plenary. Affirms grant of Mary Jo Hardy’s motion for summary judgment and the denial of Phyllis Hardy and other plaintiffs’ motion for summary judgment on their complaint for declaratory judgment/constructive trust over insurance proceeds. A certified copy of the dissolution decree wasn’t received by the appropriate office before the date of Carlos Hardy’s death and the Federal Employees’ Group Life Insurance Act preempts the plaintiffs’ state law claims.  

Frank J. Akey, Personal Rep. of the Estate of Wayne Akey v. Parkview Hospital, et al.
02A04-1007-CT-441
Civil tort. Reverses summary judgment for defendants Parkview Hospital, Dr. McEowen, and Professional Emergency Physicians Inc. in Frank Akey’s complaint for damages following the death of Wayne Akey. The trial court’s exclusion of Dr. Mirro’s expert testimony on causation was an abuse of discretion. Remands for further proceedings.

Term. of Parent-Child Rel. of M.T.; R.T. v. Marion County DCS and Child Advocates (NFP)
49A02-1006-JT-731
Juvenile. Affirms involuntary termination of parental rights.

Martel K. Settles v. State of Indiana (NFP)
71A05-1003-CR-246
Criminal. Affirms convictions of Class B felony robbery.

Shelisa Wimbush v. State of Indiana (NFP)
45A04-1006-CR-337
Criminal. Affirms conviction of Class B felony aggravated battery.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  2. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

  3. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  4. 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!!!

  5. 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.

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