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Opinions Jan. 31, 2013

January 31, 2013
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Indiana Court of Appeals
Mark S. Weinberger, M.D., et al. v. Gloria Gill
45A05-1203-CT-107
Civil tort. Affirms award of $150,000 in damages to Gloria Gill following her medical malpractice action. Concludes that the testimony concerning Weinberger’s odd behavior before his flight from the country was relevant evidence because it established an inference of consciousness of guilt.

Brian Kendrick v. State of Indiana

49A05-1206-CR-314
Criminal. Affirms sentence on remand of 53-years for Class A felony attempted murder, Class B felony robbery and Class A misdemeanor carrying a handgun without a license. Even though Kendrick’s sentence for Class A felony attempted murder increased, his aggregate sentence did not change.

Virginia E. Alldredge and Julia A. Luker, as Co-Personal Representatives of the Estate of Venita Hargis v. The Good Samaritan Home, Inc.

82A01-1206-CT-249
Civil tort. Affirms portion of judgment that held fraudulent concealment could operate to toll the Wrongful Death Act’s two-year limitations period, but reverses the court’s conclusion that the plaintiffs had only a reasonable time in which to commence their wrongful death action. The plaintiffs have two years after the concealment is or should have been discovered with reasonable diligence in which to file their claims. Remands for continuation of the underlying litigation.

Paul D. Edwards v. Zobeida E. Bonilla-Vega
53A05-1203-DR-163
Domestic relation. Affirms distribution of marital assets. Because a chose in action is a property right, the trial court did not abuse its discretion when it included the husband’s settlement with a former employer in the marital pot.

In Re: The Paternity of A.S.: Melissa Slansky v. Mary Doffin-Syler, and Bradley Howell

64A03-1204-JP-171
Juvenile. Reverses order awarding custody of M.S.’s daughter to the maternal grandmother M.D. The trial court’s judgment isn’t supported by clear and convincing evidence. The trial court shall determine the details of the father’s visitation and determine what, if any, visitation rights are due to the grandmother.

Henry Wagler, Barb Wagler and Henry and Barb Wagler, LP v. Fort Wayne-Allen County Department of Health

02A03-1206-PL-269
Civil plenary. Affirms summary judgment in favor of the health department on its claim that the Waglers were required to obtain a construction permit from the department prior to installing their septic systems. Rejects the Waglers’ statutory exemption argument, finding the statute is inapplicable.

Reuban L. Strong, Jr. v. State of Indiana (NFP)
84A01-1205-CR-235
Criminal. Affirms revocation of placement in work release.

Joseph J. Rheubottom, Jr. v. State of Indiana (NFP)
84A01-1205-CR-244
Criminal. Affirms sentence following guilty plea of Class B felony neglect of a dependent.

Bernard Carter, Prosecuting Attorney, Lake County, John Buncich, Sheriff of Lake County, and Indiana Dept. of Correction v. Tim J. Hurd (NFP)
45A04-1206-PL-302
Civil plenary. Affirms grant of injunction enjoining the Department of Correction, Lake County sheriff and Lake County prosecutor from requiring Hurd to continue registering as a sex offender.

Schwala M. Royal v. State of Indiana (NFP)

02A03-1206-CR-292
Criminal. Affirms conviction and sentence for Class D felony prostitution as well as revocation of probation.

In Re the Termination of the Parent-Child Rel. of N.W. and D.W. v. Indiana Department of Child Services (NFP)
49A02-1206-JT-480
Juvenile. Affirms involuntary termination of parental rights.

Marvin Willis v. State of Indiana (NFP)

82A01-1206-CR-273
Criminal. Affirms two convictions of Class A misdemeanor driving while suspended.

Steve Pigg v. State of Indiana (NFP)
52A05-1205-CR-318
Criminal. Affirms denial of motion to correct erroneous sentence.

Michael A. O'Brien v. State of Indiana (NFP)

65A01-1205-CR-220
Criminal. Affirms conviction of Class B felony attempted rape.

Brian Buffington v. State of Indiana (NFP)
45A05-1206-CR-297
Criminal. Affirms conviction of Class A felony robbery.

In Re the Involuntary Termination of the Parent-Child Rel. of S.F.; C.P. v. The Indiana Dept. of Child Services (NFP)

02A03-1206-JT-275
Juvenile. Affirms involuntary termination of parental rights.

Edmond MIller v. State of Indiana (NFP)
49A02-1108-CR-721
Criminal. Reverses conviction of Class B misdemeanor disorderly conduct.

Joey Saylor v. State of Indiana (NFP)
58A01-1206-CR-269
Criminal. Affirms order revoking probation and order that Saylor serve remaining two years of previously suspended sentence.

Richard Keith Lazur v. State of Indiana (NFP)
45A04-1207-CR-358
Criminal. Affirms conviction of Class D felony attempted residential entry.

Jovan Fitzhugh v. State of Indiana (NFP)
02A03-1206-CR-255
Criminal. Affirms conviction of Class B felony sexual misconduct with a minor and orders the trial court to vacate the Class C felony sexual misconduct with a minor conviction.

Melvin Sanders v. State of Indiana (NFP)

02A03-1206-CR-262
Criminal. Affirms 60-year sentence for murder.

Dustin L. Grissom v. State of Indiana (NFP)

11A01-1207-CR-301
Criminal. Affirms sentence for Class C felony battery resulting in bodily injury to a pregnant woman and three counts of Class A misdemeanor domestic battery.

Darrol Fox v. State of Indiana (NFP)

49A02-1206-CR-475
Criminal. Affirms denial of motion to suppress evidence.

Keith A. Harlow v. State of Indiana (NFP)

06A01-1206-PC-296
Post conviction. Affirms denial of petition for post-conviction relief.

Torrey Pargo v. State of Indiana (NFP)
49A05-1207-CR-351
Criminal. Affirms sentence for Class D felony intimidation.

Toby Webster v. State of Indiana (NFP)
49A02-1206-CR-522
Criminal. Affirms conviction of Class D felony attempted auto theft and adjudication as a habitual offender.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of V.M. and M.A. v. Indiana Department of Child Services (NFP)

45A03-1205-JT-221
Juvenile. Affirms termination of parental rights.

French Tibbs v. State of Indiana (NFP)

49A02-1205-CR-438
Criminal. Affirms convictions of Class A misdemeanors resisting law enforcement and possession of marijuana.

The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline. The Indiana Supreme Court and Tax Court did not post any decisions by IL deadline.
 

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  1. I have dealt with more than a few I-465 moat-protected government attorneys and even judges who just cannot seem to wrap their heads around the core of this 800 year old document. I guess monarchial privileges and powers corrupt still ..... from an academic website on this fantastic "treaty" between the King and the people ... "Enduring Principles of Liberty Magna Carta was written by a group of 13th-century barons to protect their rights and property against a tyrannical king. There are two principles expressed in Magna Carta that resonate to this day: "No freeman shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will We proceed against or prosecute him, except by the lawful judgment of his peers or by the law of the land." "To no one will We sell, to no one will We deny or delay, right or justice." Inspiration for Americans During the American Revolution, Magna Carta served to inspire and justify action in liberty’s defense. The colonists believed they were entitled to the same rights as Englishmen, rights guaranteed in Magna Carta. They embedded those rights into the laws of their states and later into the Constitution and Bill of Rights. The Fifth Amendment to the Constitution ("no person shall . . . be deprived of life, liberty, or property, without due process of law.") is a direct descendent of Magna Carta's guarantee of proceedings according to the "law of the land." http://www.archives.gov/exhibits/featured_documents/magna_carta/

  2. I'm not sure what's more depressing: the fact that people would pay $35,000 per year to attend an unaccredited law school, or the fact that the same people "are hanging in there and willing to follow the dean’s lead in going forward" after the same school fails to gain accreditation, rendering their $70,000 and counting education worthless. Maybe it's a good thing these people can't sit for the bar.

  3. Such is not uncommon on law school startups. Students and faculty should tap Bruce Green, city attorney of Lufkin, Texas. He led a group of studnets and faculty and sued the ABA as a law student. He knows the ropes, has advised other law school startups. Very astute and principled attorney of unpopular clients, at least in his past, before Lufkin tapped him to run their show.

  4. Not that having the appellate records on Odyssey won't be welcome or useful, but I would rather they first bring in the stray counties that aren't yet connected on the trial court level.

  5. Aristotle said 350 bc: "The most hated sort, and with the greatest reason, is usury, which makes a gain out of money itself, and not from the natural object of it. For money was intended to be used in exchange, but not to increase at interest. And this term interest, which means the birth of money from money, is applied to the breeding of money because the offspring resembles the parent. Wherefore of an modes of getting wealth this is the most unnatural.

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