ILNews

Opinions July 19, 2012

July 19, 2012
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7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

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

Indiana Court of Appeals

Bobby A. Harlan v. State of Indiana
84A01-1110-CR-474
Criminal. Affirms sentence imposed for two convictions of Class B felony child molesting and order that Harlan register as a sexually violent predator. The order requiring Harlan register as a SVP does not violate the ex post facto clause of the Indiana Constitution, the trial court did not abuse its discretion in the course of identifying aggravating and mitigating factors at sentencing, and his sentence is reasonable.

David Daniel Johnson, Jr., by Next Friend, Indiana Dept. of Child Services v. The Marion County Coroner's Office and City of Indianapolis
49A02-1111-CT-1070
Civil tort. Reverses summary judgment for the coroner’s office on the issue of immunity to lawsuit under the Indiana Tort Claims Act. The Coroner’s office conduct in following its own rules does not fall within the definition of enforcement for purposes of immunity
under ITCA. Affirms summary judgment for the government defendants on D.J.’s claim for negligent infliction of emotional distress. The evidence designated establishes that D.J. was not sufficiently and directly involved in the removal of his mother’s remains. Finds there is a genuine issue of material fact as to whether the appellees’ conduct is so outrageous that it satisfies the reckless element of the tort of intentional infliction of emotional distress. Remands for further proceedings.

In Re the Marriage of Mary Lynn Manning and Ronald D. Manning, II; Ronald D. Manning, II v. Mary Lynn Manning (NFP)
86A04-1112-DR-669
Domestic relation. Affirms finding Ronald Manning in contempt for failing to reimburse Mary Lynn Manning for certain orthodontia expenses incurred by their child and affirms the order to produce certain tax returns.

Eric D. Smith v. D. Patton, Scott Fitch, Larry Bynum, and Correctional Medical Services, Inc. (NFP)
33A05-1109-PL-572
Civil plenary. Affirms denial of motion for relief from judgment in favor of the correctional officials and Correction Medical Services Inc.

In the Matter of the Paternity of: J.G.; R.W. v. D.G. (NFP)
49A05-1109-JP-537
Juvenile paternity. Affirms modification of father’s parenting time and order that R.W. pay a portion of father’s attorney fees.

Antwane Walker v. State of Indiana (NFP)
49A02-1112-PC-1173
Post conviction. Affirms denial of petition for post-conviction relief.
 

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  1. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

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