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Opinions July 21, 2014

July 21, 2014
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7th Circuit Court of Appeals
United States of America v. Donella Locke
11-3743
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Larry J. McKinney.
Criminal. Affirms Locke’s sentence of 57 months in prison, three years of supervised release and order she pay more than $340,000 in restitution to lenders for her role in a real estate fraud scheme. Locke argued the District Court erred when it failed to reduce the loss amount incurred as a result of her convicted conduct by the amounts the victims received when they sold the real estate that secured the fraudulently obtained loans, but she waived this issue.

Indiana Supreme Court
Camoplast Crocker, LLC, The Kelch Corporation, and Seats, Inc. v. Kris Schoolcraft, as Personal Representative of the Wrongful Death Estate of Rickie D. Schoolcraft, Deceased, et al.
29S02-1407-CT-476
Civil tort. Grants transfer and affirms denial of new defendants’ motion to dismiss or judgment on the pleadings, arguing the motion to amend the complaint to add them as defendants was filed too late. Expressly adopts and incorporates by reference pursuant to Ind. App. Rule 58(A)(1) the Court of Appeals opinion in this case.

Indiana Court of Appeals
James Giles, Individually and as Executor of the Estate of Ruth Giles, deceased v. Anonymous Physician I, Anonymous Corporation I, Anonymous Hospital I, Anonymous Physician II, et al.
03A01-1306-CT-257
Civil tort. Affirms summary judgment to Anonymous Physician I on Giles’ medical malpractice claim. Caselaw is clear that a physician who does not treat a patient or perform some affirmative act regarding the patient has no physician-patient relationship and thus owes no duty to that patient.

Hi-Tec Properties, LLC v. Brittany Murphy, Kendall Murphy, Lorie Murphy, and Jay Frazier
50A05-1401-CT-14
Civil tort. Reverses a portion of the compensatory damages awarded to the plaintiffs on their claims for negligence, breach of contract and fraud against Hi-Tec. Lorie Murphy cannot collect any damages because she is not a party on the lease and Kendall Murphy is only entitled to $2,360 for the rent he paid on adult daughter Brittany Murphy's apartment. Remands with instructions for revision. The trial court did not err when it concluded that the exculpatory clause in the rental lease was void as against public policy. Affirms $15,000 in punitive damages to Brittany Murphy.  

Alvino Pizano v. Indiana Attorney General Gregory Zoeller, et al.

33A04-1402-MI-85
Miscellaneous. Affirms dismissal of Pizano’s lawsuit claiming he was entitled to credit time for earning a bachelor’s degree from Ball State University while incarcerated. The case was correctly dismissed as moot because the state awarded Pizano the credit time and he has since been released from incarceration, so he has been granted all possible relief.

Glenn Hatmaker v. Betty Hatmaker (NFP)
49A05-1402-DR-56
Domestic relation. Affirms order restricting Glenn Hatmaker’s parenting time to supervised parenting time two hours per week.

In the Matter of the Termination of the Parent-Child Relationship of: Z.S. (Minor Child) and R.S. (Father) v. The Indiana Department of Child Services (NFP)
09A04-1309-JT-473
Juvenile. Affirms involuntary termination of parental rights.

Timothy E. Strowmatt v. State of Indiana (NFP)
71A03-1402-PC-70
Post conviction. Affirms order dismissing petition for writ of state habeas corpus.

Charles Howlett v. State of Indiana (NFP)
49A02-1312-CR-1024
Criminal. Affirms conviction of Class B misdemeanor criminal mischief.

The Indiana Tax Court posted no opinions by IL deadline.
 

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  1. State Farm is sad and filled with woe Edward Rust is no longer CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go All American Girl starred Margaret Cho The Miami Heat coach is nicknamed Spo I hate to paddle but don’t like to row Edward Rust is no longer CEO The Board said it was time for him to go The word souffler is French for blow I love the rain but dislike the snow Ten tosses for a nickel or a penny a throw State Farm is sad and filled with woe Edward Rust is no longer CEO Bambi’s mom was a fawn who became a doe You can’t line up if you don’t get in a row My car isn’t running, “Give me a tow” He had knowledge but wasn’t in the know The Board said it was time for him to go Plant a seed and water it to make it grow Phases of the tide are ebb and flow If you head isn’t hairy you don’t have a fro You can buff your bald head to make it glow State Farm is sad and filled with woe Edward Rust is no longer CEO I like Mike Tyson more than Riddick Bowe A mug of coffee is a cup of joe Call me brother, don’t call me bro When I sing scat I sound like Al Jarreau State Farm is sad and filled with woe The Board said it was time for him to go A former Tigers pitcher was Lerrin LaGrow Ursula Andress was a Bond girl in Dr. No Brian Benben is married to Madeline Stowe Betsy Ross couldn’t knit but she sure could sew He had knowledge but wasn’t in the know Edward Rust is no longer CEO Grand Funk toured with David Allan Coe I said to Shoeless Joe, “Say it ain’t so” Brandon Lee died during the filming of The Crow In 1992 I didn’t vote for Ross Perot State Farm is sad and filled with woe The Board said it was time for him to go A hare is fast and a tortoise is slow The overhead compartment is for luggage to stow Beware from above but look out below I’m gaining momentum, I’ve got big mo He had knowledge but wasn’t in the know Edward Rust is no longer CEO I’ve travelled far but have miles to go My insurance company thinks I’m their ho I’m not their friend but I am their foe Robin Hood had arrows, a quiver and a bow State Farm has a lame duck CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go State Farm is sad and filled with woe

  2. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  3. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  4. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  5. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

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