Opinions July 19, 2010

July 19, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Isaac Florian and Jeffrey Florian, as limited guardian of Isaac, an adult. v. GATX Rail Corporation
Civil plenary. Affirms summary judgment in favor of GATX Rail Corp. in Issac Florian’s negligence claim after he drove into a GATX tank car that didn’t have retro-reflective sheeting. GATX was in compliance with either retro-reflective implementation schedule even though the train car in question didn’t have sheeting yet. Florian’s common-law negligence claim is preempted by federal regulations set forth in 49.C.F.R. part 224.

A.H. v. State of Indiana
Juvenile. Reverses adjudication A.H. committed what would be exploitation of an endangered adult as a Class A misdemeanor if committed by an adult. The state didn’t prove beyond a reasonable doubt that A.H. took advantage of Robert Barnhart’s mental and physical condition in securing loans and the State failed to prove that A.H.’s control over Barnhart’s property was unauthorized.

Remon Duke Phillips v. State of Indiana (NFP)
Criminal. Affirms convictions of Class D felonies strangulation and domestic battery.  

Larry H. Snyder v. State of Indiana (NFP)
Criminal. Affirms acceptance of guilty plea to Class B misdemeanor public intoxication.

Joseph Trammell v. State of Indiana
Criminal. Affirms conviction of Class B misdemeanor public intoxication.

James Edward Price v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class A dealing in methamphetamine.

Term. of Parent-Child Rel. of E.L., et al.; M.B. v. I.D.C.S.
Juvenile. Affirms involuntary termination of parental rights.

Richard West v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor battery.

Jeffery Rowe v. State of Indiana
Criminal. Affirms sentence on remand of an aggregate term of 70 years for Class A felonies robbery and burglary, and finding to be a habitual offender.

Olivia Vanbuskirk v. State of Indiana
Criminal. Affirms conviction of Class A felony child molesting.

Shawn Christopher McWhorter v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class B felony criminal deviate conduct, and Class C felony robbery.

Andy C. Pitcher d/b/a Liberty Bell v. Berkley Risk Administrators Company, LLC., et al.
Civil. Affirms summary judgment for Berkley Risk Administrators Co. on Pitcher’s complaint alleging breach of contract.

Indiana Tax Court
Country Acres Limited Partnership v. Pleasant Township Assessor, and LaPorte County Assessor (NFP)
Tax. Affirms the Indiana Board of Tax Review didn’t err in rejecting an Indiana certified Level II assessor-appraiser’s use of an 11.35 percent capitalization rate. Reverses final determination of the market value-in-use of Country Acres’ complex and remands to the Indiana Board so it may instruct the appropriate assessing officials to assess the subject property consistent with the opinion.

The Indiana Supreme Court denied transfer to 22 cases for the week ending July 16.


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  1. So men who think they are girls at heart can use the lady's potty? Usually the longer line is for the women's loo, so, the ladies may be the ones to experience temporary gender dysphoria, who knows? Is it ok to joke about his or is that hate? I may need a brainwash too, hey! I may just object to my own comment, later, if I get myself properly "oriented"

  2. Heritage, what Heritage? The New Age is dawning .... an experiment in disordered liberty and social fragmentation is upon us .... "Carmel City Council approved a human rights ordinance with a 4-3 vote Monday night after hearing about two hours of divided public testimony. The ordinance bans discrimination on the basis of sexual orientation or gender identity, among other traits. Council members Rick Sharp, Carol Schleif, Sue Finkam and Ron Carter voted in favor of it. The three council members opposing it—Luci Snyder, Kevin Rider and Eric Seidensticker—all said they were against any form of discrimination, but had issues with the wording and possible unintended consequences of the proposal." Kardashian is the new Black.

  3. Can anyone please tell me if anyone is appealing the law that certain sex offenders can't be on school property. How is somebody supposed to watch their children's sports games or graduations, this law needs revised such as sex offenders that are on school property must have another non-offender adult with them at all times while on school property. That they must go to the event and then leave directly afterwards. This is only going to hurt the children of the offenders and the father/ son mother/ daughter vice versa relationship. Please email me and let me know if there is a group that is appealing this for reasons other than voting and religion. Thank you.

  4. Should any attorney who argues against the abortion industry, or presents arguments based upon the Founders' concept of Higher Law, (like that marriage precedes the State) have to check in with the Judges and Lawyers Assistance Program for a mandatory mental health review? Some think so ... that could certainly cut down on cases such as this "cluttering up" the SCOTUS docket ... use JLAP to deny all uber conservative attorneys licenses and uber conservative representation will tank. If the ends justify the means, why not?

  5. Tell them sherry Mckay told you to call, they're trying to get all the people that have been wronged and held unlawfully to sign up on this class action lawsuit.