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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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  1. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  2. My situation was hopeless me and my husband was on the verge of divorce. I was in a awful state and felt that I was not able to cope with life any longer. I found out about this great spell caster drlawrencespelltemple@hotmail.com and tried him. Well, he did return and now we are doing well again, more than ever before. Thank you so much Drlawrencespelltemple@hotmail.comi will forever be grateful to you Drlawrencespelltemple@hotmail.com

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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