ILNews

Opinions July 21, 2010

July 21, 2010
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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.
53A05-1002-AD-71
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
49A02-0912-CR-1276
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
49A04-1001-JV-8
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.
49A04-0909-CV-503
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
84A01-0912-CV-614
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.
05A02-0911-CV-1070
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)
71A03-1001-CR-19
Criminal. Affirms conviction of Class C felony battery.

Raymond E. Robinson v. State of Indiana (NFP)
18A04-0912-CR-692
Criminal. Affirms order revoking probation.

Joshua Orman v. State of Indiana (NFP)
11A04-1003-CR-216
Criminal. Affirms sentence following guilty plea to Class B felonies burglary and aggravated battery.

Jonathan Perkins v. State of Indiana (NFP)
44A05-1001-CR-11
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.
 

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  1. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  2. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  3. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

  4. If justice is not found in a court room, it's time to clean house!!! Even judges are accountable to a higher Judge!!!

  5. The small claims system, based on my recent and current usage of it, is not exactly a shining example of justice prevailing. The system appears slow and clunky and people involved seem uninterested in actually serving justice within a reasonable time frame. Any improvement in accountability and performance would gain a vote from me. Speaking of voting, what do the people know about judges and justice from the bench perspective. I think they have a tendency to "vote" for judges based on party affiliation or name coolness factor (like Stoner, for example!). I don't know what to do in my current situation other than grin and bear it, but my case is an example of things working neither smoothly, effectively nor expeditiously. After this experience I'd pay more to have the higher courts hear the case -- if I had the money. Oh the conundrum.

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