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. "pedigree"? I never knew that in order to become a successful or, for that matter, a talented attorney, one needs to have come from good stock. What should raise eyebrows even more than the starting associates' pay at this firm (and ones like it) is the belief systems they subscribe to re who is and isn't "fit" to practice law with them. Incredible the arrogance that exists throughout the practice of law in this country, especially at firms like this one.

  2. Finally, an official that realizes that reducing the risks involved in the indulgence in illicit drug use is a great way to INCREASE the problem. What's next for these idiot 'proponents' of needle exchange programs? Give drunk drivers booze? Give grossly obese people coupons for free junk food?

  3. That comment on this e-site, which reports on every building, courtroom or even insignificant social movement by beltway sycophants as being named to honor the yet-quite-alive former chief judge, is truly laughable!

  4. Is this a social parallel to the Mosby prosecutions in Baltimore? Progressive ideology ever seeks Pilgrims to burn at the stake. (I should know.)

  5. The Conour embarrassment is an example of why it would be a good idea to NOT name public buildings or to erect monuments to "worthy" people until AFTER they have been dead three years, at least. And we also need to stop naming federal buildings and roads after a worthless politician whose only achievement was getting elected multiple times (like a certain Congressman after whom we renamed the largest post office in the state). Also, why have we renamed BOTH the Center Township government center AND the new bus terminal/bum hangout after Julia Carson?

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