Opinions July 25, 2014

July 25, 2014
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The following Indiana Supreme Court opinion was issued after IL deadline Thursday:

Carol Sparks Drake v. Thomas A. Dickey, Craig Anderson, Charles E. Podell, and Duke Realty Corp.
Civil tort. Summarily affirms Court of Appeals ruling reversing summary judgment in favor of defendants, finding that attorney Carol Sparks Drake presented a genuine item of material fact as to whether defendants intentionally induced her employer, Parr Richey Obremskey & Morton, to terminate her partnership agreement. Remands to the trial court for proceedings.

Friday’s opinions
Indiana Court of Appeals
Chris T. Collins v. State of Indiana
Post conviction. Affirms denial of post-conviction relief, concluding that the post-conviction court’s denial of Collins’ request of subpoenas was not an abuse of discretion and that denial of his petition was proper.

Jennifer L. Patch v. State of Indiana
Criminal. Affirms conviction of Class B felony conspiracy to commit burglary. The evidence was sufficient to convict Patch, and the trial court did not abuse its discretion in denying Patch’s motion for a mistrial.

Michael B. Eliseo v. State of Indiana
Criminal. Affirms trial court order that Eliseo pay $300 for a supplemental public defender service fee and $166 in court costs. The court has discretion under I.C. 33-40-3-6 and I.C. 33-37-2-3 to order payment of fees above the statutory $100 public defender cap after a finding of indgency, and no hearing is required, the majority opinion held. In a concurring opinion, Judge Patricia Riley found the trial court did not abuse its discretion, but she wrote the court is obligated to conduct a hearing on ability to pay at the time the costs are due.

Joseph D. Barnette, Jr., and Charlene Barnette, and City of Carmel Department of Community Services, Division of Building and Code Services, et al. v. US Architects, LLP, Albert D. Bowen, et al.
Civil plenary. Affirms in part, reverses in part and remands for proceedings. The trial court erred in granting summary judgment to the Bowens because they had not exhausted their administrative remedies before suing the city. Remands with instructions to dismiss U.S. Architects’ and the Bowens’ declaratory judgment complaint, and holds U.S. Architects lacks standing to seek a declaratory judgment.

Phyllis Dodson, as Special Administrator of the Estate of Eboni Dodson, Deceased v. Curt D. Carlson, Carmel Hotel Company, d/b/a Grille 39, Seven Corners, Inc., et al.
Civil tort. Affirms summary judgment for Seven Corners. Finds the “going and coming” limitation to the doctrine of respondeat superior absolves Seven Corners of any liability in an accident caused by its employee Carlson. Concludes even though Carlson had dinner and drinks with a client prior to the accident, he was not acting in the scope of his employment at the time of the accident.

Andrew Prairie v. State of Indiana (NFP)
Criminal. Affirms convictions of Class D felony attempted theft, three counts of Class D felony receiving stolen property, and a count of Class B misdemeanor unauthorized entry of a motor vehicle.

Kelsey Lynn Wilson v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A felony dealing in cocaine.

Merrill C. Roberts v. Unlimited, LLC d/b/a Remax Unlimited and Matthew A. Gunning (NFP)
Civil plenary. Affirms denial of an award of attorney fees sought by Roberts.

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

  2. 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.

  3. (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.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...