Opinions July 17, 2012

July 17, 2012
Back to TopE-mailPrintBookmark and Share

The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.

The Indiana Supreme Court Tax Court posted no opinions by IL deadline.

Indiana Court of Appeals

Darrell Larue Brown v. State of Indiana
Criminal. Affirms Brown’s sentence following guilty plea to two counts of Class B felony child molesting. Brown waived his right to appeal.

Anthony W. Browning v. State of Indiana
Criminal. Affirms five convictions of Class C felony child exploitation. There is sufficient evidence to support Browning knowingly disseminated child pornography.

Mark Gaither v. Indiana Dept. of Correction, et al.
Miscellaneous. Affirms grant of summary judgment in favor of the Indiana Department of Correction and other defendants on Gaither’s claim that a residency restriction placed on him as a sex offender by the statutes violates the ex post facto clause of the Indiana Constitution. Home ownership does not determine whether a condition restricting residency is permissible. It is permissible to prohibit a sex offender from living within 1,000 feet of a school as a condition of probation.

State of Indiana Military Dept., State Armory Board of the State of Indiana, and Governor Mitch E. Daniels, Jr. v. Continental Electric Co., Inc.
Civil plenary. Reverses trial court judgment in favor of Continental Electric on its claim against the state actors for breach of contract and quantum meruit. The trial court erroneously determined that the state had breached a contract between the state and the subcontractor, which had no contract with the state. The court also erred in concluding Continental Electric was entitled to recover from the state on the basis of quantum meruit.

Kenneth Simmons v. State of Indiana (NFP)
Criminal. Affirms conviction of Class B felony aggravated battery.

John Doe a/k/a mspbis123, a/k/a Stacy Palombo v. Eve Carson (NFP)
Civil plenary. Reverses denial of Palombo’s partial motion for summary judgment on Carson’s claim of defamation per se. Remands with instructions to enter an order consistent with this opinion.  

Jason E. Hough v. State of Indiana (NFP)
Criminal. Affirms convictions of three counts of Class A felony child molesting but reverses and remands with instructions with respect to Hough’s sentence.

Adrian Hardy v. State of Indiana (NFP)
Criminal. Affirms convictions of Class B felony dealing in cocaine and Class D felony maintaining a common nuisance. Remands with instructions to correct the abstract of judgment.

Timothy Matson v. State of Indiana (NFP)
Criminal. Affirms denial of motion to correct erroneous sentence.

Larry C. Perry, Jr. v. State of Indiana (NFP)
Criminal. Affirms convictions of Class D felonies criminal confinement, strangulation, two counts of domestic battery, residential entry, and invasion of privacy; Class A misdemeanors interference with the reporting of a crime and resisting law enforcement; and adjudication as a habitual offender.

William M. Steele v. Daniel Callahan (NFP)
Small claim. Affirms denial of Steele’s motion to dismiss and denial of Callahan’s claim for attorney fees. The trial court properly found that inconsistencies in the 2008 and 2009 surveys conducted by Steele proximately caused Callahan and Riggs to incur costs related to the third survey by Myers. The trial court’s findings that Steele’s negligence proximately caused Callahan’s damages regarding the movement of the fence, the 2008 Steele survey, and his initial landscaping costs, were clearly erroneous. Remands with instructions.

Margaret Killion v. Jarrod Kendall, d/b/a Kendall Kontracting and Jarrod Kendall (NFP)

Civil tort. Affirms denial of Killion’s motion to correct error in the ruling that Kendall Kontracting and Kendall did not commit any fraud during Killion’s home improvement project.

In Re: the Paternity of T.P., R.L. and W.M. v. B.P. (NFP)
Juvenile paternity.  Affirms grant of father’s discovery protective order and finding that stepmother did not meet her burden to pursue third-party custody of T.P. Reverse the award of attorney fees.

In the Matter of the Term. of the Parent-Child Rel. of K.D., K.B., and B.Y.; and N.D., O.Y., and W.B. v. Indiana Dept. of Child Services (NFP)
Juvenile termination. Affirms involuntary termination of parental rights.

Garry Balthes v. Concept Industries, Inc., Composite Technologies, LLC, and Shawn Eshragh (NFP)
Civil collection. Reverses in part summary judgment and remands for further proceedings on the sole issue of Balthes’ promissory estoppel defense or claim and affirms in all other respects.

Robert Spears v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief.

Michael Berthiaume v. State of Indiana (NFP)
Criminal. Affirms convictions of Class D felony strangulation and Class A misdemeanor battery.

Gregory Hensley v. State of Indiana (NFP)
Criminal. Affirms conviction of Class B felony criminal deviate conduct.

Omnisource Corporation v. David E. Lallow, James Niswonger, Sr., 3 Rivers Metal Recycling, LLC and J & D Real Estate, LLC (NFP)
Civil plenary. Reverses order granting defendants’ cross-motion for summary judgment in Omnisource’s action against Lallow, Niswonger, 3 Rivers Metal Recycling and J&D Real Estate for injunctive relief and damages.

Dellia Castile v. State of Indiana (NFP)
Criminal. Affirms trial court decision to not reduce bail.

Erik Morales v. State of Indiana (NFP)
Criminal. Affirms convictions of two counts of Class A felony child molesting and one count of Class A felony attempted child molesting.

Term. of Parent-Child Rel. of: Jo.L. (Minor Child), and J.L. (Mother) v. The Indiana Dept. of Child Services (NFP)
Juvenile termination. Affirms termination of parental rights.

Payroll Disbursement Account 2, Inc. v. Unemployment Insurance Appeals of the Indiana Dept. of Workforce Development (NFP)
Agency appeal. Affirms decision by liability administrative law judge affirming the determination of the department of workforce development that PDA 2 is a partial successor employer of Management 2000 Benefits Inc. for purposes of calculating its unemployment insurance tax contributions.

Term. of Parent-Child Rel. of: O.H. & J.M. (Minor Children), and C.H. (Mother) v. The Indiana Dept. of Child Services (NFP)
Juvenile termination. Affirms termination of parental rights.

Tracy Hertel v. State of Indiana (NFP)
Criminal. Affirms denial of motion to correct erroneous sentence.

In the Matter of the Term. of the Parent-Child Rel. of: E.M.R., and V.H. & M.R. v. The Indiana Dept. of Child Services (NFP)
Juvenile termination. Affirms termination of parental rights.


Sponsored by
Subscribe to Indiana Lawyer
  1. Freedom From Religion Foundation: If you really want to be free from religion, don't go to the Christmas Play or the Christmas Pageant or the Christmas Parade. Anything with "Christ" or Saint...fill in the blank...would be off limits to you. Then leave the rest of us ALONE!

  2. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

  3. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

  4. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

  5. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon