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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. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

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  3. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  4. JLAP and other courtiers ... Those running court systems, have most substance abuse issues. Probably self medicating to cover conscience issues arising out of acts furthering govt corruption

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

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