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Opinions Jan. 30, 2013

January 30, 2013
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Indiana Court of Appeals
Peter F. Amaya v. D. Craig Brater, M.D., in his capacity as Dean and Director of Indiana University School of Medicine; The Board of Trustees of Indiana University; et al.
49A04-1204-PL-208
Civil plenary. Affirms summary judgment in favor of the medical school on Amaya’s claims including breach of contract and breach of good faith and fair dealing after he was dismissed from the school. Amaya didn’t designate evidence that the school’s decision was in bad faith, arbitrary or capricious.

Matthew Banks Ashworth v. Kathryn (Ashworth) Ehrgott

49A02-1205-DR-412
Domestic relation. Reverses in part and remands with instructions to apply the income allocation factor of 0.1549 to father’s 2012 and future bonuses and correct a scrivener’s error in the April 24, 2010, income withholding order and calculate credit owed to father and its repayment method. Affirms in all other respects, including calculation of father’s 2012 and subsequent weekly child support obligations.

Christopher Smith v. State of Indiana

18A02-1204-CR-331
Criminal. Reverses conviction of failure to immediately report child abuse or neglect as a Class B misdemeanor. The state needed to present evidence which proved the charged offense beyond a reasonable doubt, and not merely present facts which tend to arouse suspicion of guilt, in order to support a conviction and show that Smith had reason to believe, as defined by the Legislature, that G.G. was a victim of child abuse and that Smith then knowingly failed to immediately report such abuse. Judge Vaidik dissents.

Jill R. Kincer v. State of Indiana (NFP)

36A01-1207-CR-324
Criminal. Affirms revocation of probation.

David Arndell v. State of Indiana (NFP)

82A04-1206-CR-333
Criminal. Affirms conviction of Class D felony theft and 20-month sentence.

John D. Rogers v. State of Indiana (NFP)
88A01-1208-PC-373
Post conviction. Affirms denial of petition for post-conviction relief.

Kerry L. Williams v. State of Indiana (NFP)
20A03-1111-PC-519
Post conviction. Affirms denial of petition for post-conviction relief.

Demetrius Walker v. State of Indiana (NFP)
49A04-1205-CR-380
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

James A. Crouch v. State of Indiana (NFP)
53A05-1208-CR-417
Criminal. Affirms sentence following finding that Crouch violated several conditions of a drug treatment program.

Monique Rowe v. State of Indiana (NFP)
49A05-1204-JM-165
Juvenile. Affirms conviction of Class B misdemeanor failure to ensure school attendance.

Fernando Seba v. State of Indiana (NFP)

49A02-1207-CR-556
Criminal. Affirms convictions of Class A felony child molesting and two counts of Class C felony child molesting.

Noah Shane Warren v. State of Indiana (NFP)
63A01-1204-CR-165
Criminal. Affirms convictions of Class B felony dealing in methamphetamine and Class D felony neglect of a dependent as well as a habitual offender enhancement, but reverses conviction of Class D felony maintaining a common nuisance.

Michael Ramos v. Robertson's Apartments (NFP)
71A03-1203-SC-107
Small claim. Grants petition for rehearing to address a point Ramos raises regarding waiver for damages in excess of the small claims jurisdictional limit and affirms original decision in all respects.

Hobert Pittman v. State of Indiana (NFP)
31A01-1204-PC-158
Post conviction. Affirms denial of petition for post-conviction relief.

Kindred Nursing Centers, LTD Partnership d/b/a Wedgewood Healthcare v. Linda Davis (NFP)
93A02-1207-EX-553
Agency action. Affirms Worker’s Compensation Board’s determination that Davis’ injury arose out of her employment.

 

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  1. Two cops shot execution style in NYC. Was it first amendment protest, or was it incitement to lawlessness? Some are keeping track of the body bags: http://www.breitbart.com/big-government/2014/12/13/al-sharpton-leads-thousands-in-saturday-march-on-washington-dc/

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

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