Opinions July 21, 2010

July 21, 2010
Back to TopE-mailPrintBookmark and Share

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Adoption of A.M.; M.M. v. M.M. & A.C.
Adoption. Reverses denial of grandfather M.M.’s uncontested petition to adopt his biological granddaughter A.M. Based upon the reasoning in K.S.P., the idea that the best interests of the child is the primary concern in an adoption proceeding, the purposes of the adoption statutes as stated by the legislature, and the trial court’s initial determination that adoption was in the best interests of A.M., preventing the adoption in this specific case on the basis of Ind. Code Section 31-19-15-1 and Ind. Code Section 31-19-15-2 would cause an absurd result not intended by the legislature. Remands for further proceedings. Judge Najam dissents.

Brandon Vest v. State of Indiana
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement. The state prosecuted Vest for only one indivisible instance of resisting law enforcement, and jurors were not required to agree on which particular officer Vest fled.

T.J. v. State of Indiana
Juvenile. Affirms adjudication for animal fighting, a Class D felony if committed by an adult. The testimony from the witnesses support a reasonable inference T.J. and another boy were encouraging a larger dog to attack a smaller dog.

Anne Walterman Murphy, et al. v. William Curtis, et al.
Civil. Reverses summary judgment for Curtis and other members of the class. An administrative law judge’s refusal to consider evidence of conditions not disclosed on a Medicaid disability application doesn’t violate federal Medicaid law and the Due Process Clause of the 14th Amendment. Judge Riley dissents.

Indiana Dept. of Insurance v. Robin Everhart
Civil. Reverses findings of fact, conclusions of law, and judgment of $1 million in favor of Everhart in her claim against the Indiana Patient’s Compensation Fund. It is not consistent with Supreme Court precedent to hold the fund liable for more than the increased risk of harm that the doctor caused. Remands for the trial court to recalculate its damages award and award damages to Everhart in proportion to the increase in risk of harm that was caused by the malpractice and address whether the fund is entitled to a set-off.  

Centerfield Bar Inc. v. Michael Gee, et al.
Civil. Affirms denial in part of Centerfield Bar’s motion for summary judgment in a complaint filed by the Gees that the bar’s negligence in failing to remove or control another patron resulted in Michael’s injuries. Based on the facts set forth as evidence, Greenfield hasn’t demonstrated that the assault on Michael was not foreseeable as a matter of law.

Eric Pilipow v. State of Indiana (NFP)
Criminal. Affirms conviction of Class C felony battery.

Raymond E. Robinson v. State of Indiana (NFP)
Criminal. Affirms order revoking probation.

Joshua Orman v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class B felonies burglary and aggravated battery.

Jonathan Perkins v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class B felony robbery, Class D felony aiding in a theft, and Class B misdemeanor visiting a common nuisance.

Indiana Tax Court had posted no opinions at IL deadline.


Sponsored by
Subscribe to Indiana Lawyer
  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.