Opinions July 13, 2012

July 13, 2012
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7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals
John W. Schoettmer and Karen Schoettmer v. Jolene C. Wright and South Central Community Action Program, Inc.
Civil tort. Affirms summary judgment in favor of Wright and South Central Community Action Program Inc., finding that the plaintiffs did not timely file notice as governed by the Indiana Tort Claims Act.

Robert Hatcher v. State of Indiana (NFP)
Criminal. Reverses and remands trial court revocation of probation, holding that the court could not conclude that Hatcher knowingly, intelligently and voluntarily waived his right to counsel.
Brotherhood Mutual Insurance Company as Subrogee of Plymouth Wesleyan Church v. Michiana Contracting, Inc., McGrath Refrigeration, Inc., John D. McGrath, Joseph A. Dzierla and Assoc., Inc., et al.
Civil tort. Reverses and remands summary judgment for Michiana, et al., holding that damage to a church addition’s gym floor that was destroyed when a sprinkler froze and burst is not subject to terms of a contact’s waiver of subrogation because the church, not the contractors, performed the work.
Michael J. Gosnell v. State of Indiana (NFP)
Criminal. Affirms trial court sentence after guilty plea on a charge of conspiracy to commit robbery while armed with a deadly weapon.

Swammi, Inc., f/k/a Swami, Inc. v. Shambaugh, Kast, Beck, Williams, LLP and John S. Bloom (NFP)
Civil plenary. Affirms jury verdict that defendants were not liable for legal malpractice.

Alpha Holder, Jr. v. State of Indiana (NFP)
Criminal. Affirms trial court sentence of nine years executed for convictions of Class C felony fraud on a financial institution and being a habitual offender.

Corey Cole v. State of Indiana
Criminal. Affirms trial court conviction of Class B felony rape, holding the trial court did not commit reversible error when it sustained the state’s objection to Cole’s attempt to refresh the victim’s memory with the notes from a nurse, and that the trial court did not commit fundamental error when it allowed hearsay statements.
Donald Humphrey v. State of Indiana (NFP)
Criminal. Affirms trial court convictions of Class C felony intimidation and Class D felony intimidation.

Devonte Rogers v. State of Indiana (NFP)
Criminal. Affirms trial court convictions of Class B felony criminal deviate conduct and two counts of Class D felony criminal confinement.
Nancy J. Ferguson and Nyla R. Hamilton v. Natalie A. Watkins (NFP)
Civil plenary. Affirms trial court’s denial of motion to set aside a deed in favor of Watkins.

Term. of the Parent-Child Rel. of B.M. and A.M. (Minor Children) and J.R. (Mother) v. The Indiana Dept. of Child Services (NFP)
Juvenile/termination of parental rights. Affirms termination of parental rights.



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