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Opinions July 19, 2013

July 19, 2013
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Indiana Court of Appeals
Kenneth Scholz v. Lorraine Kirk (NFP)
37A03-1211-PL-493
Civil plenary. Affirms the trial court’s determination of the amount of damages for the rental income for the farmland. Reverses award of prejudgment interest to Kirk.

Sean Johnson v. State of Indiana (NFP)
49A02-1301-CR-8
Criminal. Affirms conviction of Class A misdemeanor dealing marijuana and remands with instructions to vacate Johnson’s conviction for Class A misdemeanor possession of marijuana because of a double jeopardy violation.

Dennis Tiller v. State of Indiana (NFP)
49A02-1211-CR-928
Criminal. Affirms convictions of two counts of child molesting, one as a Class A felony and one as a Class C felony.

David A. Wilson v. State of Indiana (NFP)
55A05-1211-CR-606
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Jesus Mondragon v. State of Indiana (NFP)
49A04-1212-CR-635
Criminal. Affirms conviction of domestic battery as a Class A misdemeanor.

Kathay Van Dyne v. IOM Health Systems LP, d/b/a Lutheran Hospital of Indiana (NFP)
02A04-1211-CT-572
Civil tort. Affirms summary judgment for Lutheran Hospital on Van Dyne’s negligence lawsuit filed on behalf of herself and her husband’s estate.

In the Matter of the Term. of the Parent-Child Rel. of: I.M.A. and L.R.A. (Minor Children), and M.M.H. (Mother) v. Indiana Department of Child Services (NFP)
02A04-1212-JT-634
Juvenile. Affirms termination of parental rights.

Terrence Morris v. State of Indiana (NFP)
49A05-1301-CR-2
Criminal. Affirms conviction of Class B misdemeanor battery.

A.M.D., a Minor by his Parents and Guardians, John Doe and Jane Doe, and John Doe and Jane Doe, Individually v. Young Men's Christian Assoc. of Greater Indianapolis (NFP)
49A04-1211-CT-551
Civil tort. Reverses summary judgment in favor of the YMCA on A.M.D.’s lawsuit alleging negligence.

Lake County Trust Company, Trust 4210, Trust 5061, and Alex Emmanoilidis v. Aox, Inc., and Brian Piunti (NFP)
45A03-1207-PL-309
Civil plenary. Affirms a jury verdict against the trust company as landlord for breach of lease and malicious prosecution.

Louis Cole v. State of Indiana (NFP)
22A01-1211-CR-506
Criminal. Affirms conviction of resisting law enforcement as a Class D felony.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  2. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  3. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  4. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

  5. Once again Indiana has not only shown what little respect it has for animals, but how little respect it has for the welfare of the citizens of the state. Dumping manure in a pond will most certainly pollute the environment and ground water. Who thought of this spiffy plan? No doubt the livestock industry. So all the citizens of Indiana have to suffer pollution for the gain of a few livestock producers who are only concerned about their own profits at the expense of everyone else who lives in this State. Shame on the Environmental Rules Board!

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