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Opinions July 1, 2010

July 1, 2010
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The following opinions were posted after IL deadline Wednesday
Indiana Supreme Court

The Kroger Co. v. Lu Ann B. Plonski
49S02-0907-CV-347
Civil. Affirms denial of Kroger’s motion for summary judgment on Plonski’s complaint for damages for negligence after she was attacked in the store’s parking lot. The trial court erred in granting her motion to strike Kroger affidavits on criminal activity within the past 2 years and by allowing her to introduce the police reports for the ostensible purpose of supporting her motion. The burden is on Kroger to demonstrate that the assault was not foreseeable, which they did not do.

Curtis F. Sample v. State of Indiana
45S03-1006-CR-338
Criminal. Affirms Sample’s convictions and sentence for attempted murder and criminal confinement. Vacates habitual finding adjudication and remands for new habitual offender phase of trial. Because the trial court provided over Sample’s objection an instruction that minimized the jury’s power of discretion in making a determination on habitual offender status, and provided a “law and facts” instruction that rendered meaningless the jury’s Article I, Section 19 authority, the trial court committed reversible error. Sample is entitled to have the habitual offender adjudication vacated.

Luis E. Duran v. State of Indiana
45S03-0910-CR-430
Criminal. Entry into Duran’s home violated both the state and federal constitutions and the evidence of drugs must be suppressed. The information available to the arresting officers didn’t satisfy even the least-restrictive reasonable suspicion standard.

Subhen Ghosh v. Indiana State Ethics Commission and Office of the Inspector General
32S01-0910-CV-504
Civil. Holds that a 2005 amendment authorized State Employee Appeals Commission to consider ethical violations among other grounds for termination in conducting this review, but did not otherwise affect the general rule that the Ethics Commission has exclusive jurisdiction to interpret the state Ethics Code. Ghosh’s attempt to review his termination by the Indiana Department of Environmental Management in this subsequent Ethics Commission proceeding is therefore barred by IDEM’s earlier unappealed decision to terminate him. Upholds the Ethics Commission’s sanction against Ghosh.

Austin Knight v. State of Indiana
02S03-1006-CR-339
Criminal. Revises Knight’s sentence of 70 years following a guilty plea without a plea agreement to 11 counts, including felony burglary and robbery, to a total aggregate term of 40 years. Cannot conclude that Knight’s transgressions necessarily “demonstrate a character of such recalcitrance or depravity” that they justify a 70-year sentence. Remands for re-sentencing.

Today’s opinions
Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Luiz Alves v. Old National Bank f/k/a St. Joseph Capital Bank
71A03-0909-CV-416
Civil. Affirms denial of Alves’ Ind. Trial Rule 60(B) motion. Because he filed his motion more than one year after the trial court granted summary judgment for Old National Bank and his earlier appeal of that judgment doesn’t toll the 1-year limit applicable to motions brought pursuant to subsections (1)-(4), his motion is untimely. In addition, the evidence on appeal doesn’t show the bank owed a duty to Alves or that the bank breached a duty by conspiring with his former business partner to remove him from their company.

John M. Knight v. Kelly A. Knight (NFP)
39A01-0909-CV-453
Civil. Affirms denial of John Knight’s petition for modification of child support.

Luiz Alves v. Damon R.  Leichty, James W. Tuesley, and Barnes & Thornburg, LLC (NFP)
71A03-0912-CV-605
Civil. Affirms dismissal with prejudice of Alves’ complaint for legal malpractice.

Karla J. Reaser v. State of Indiana (NFP)
92A03-1001-CR-20
Criminal. Affirms convictions of Class C felony battery, Class A misdemeanor possession of paraphernalia, and Class D felony criminal confinement.

Derrick D. Hammond v. State of Indiana (NFP)
59A05-0908-CR-475
Criminal. Affirms convictions of Class A misdemeanor operating while intoxicated and Class B misdemeanor false informing.

In Re: the Marriage of J.R. and M.R. (NFP)
30A01-0912-CV-581
Civil. Affirms child support award, reverses division of marital estate, and remands with instructions.

Elizabeth Saldivar-Cruz v. Guardian Industries Corp. (NFP)
93A02-0909-EX-839
Civil. Affirms denial of application for adjustment of claim with the Worker’s Compensation Board of Indiana.

Gregory A. Harpenau v. State of Indiana (NFP)
62A01-1002-CR-52
Criminal. Affirms conviction of Class D felony operating a vehicle while intoxicated with a prior conviction.

Indiana Tax Court had posted no opinions at IL deadline.

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  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

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