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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.
29S02-1407-CT-483
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
49A02-1310-PC-887
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
68A05-1309-CR-460
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
90A04-1307-CR-370
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.
29A02-1304-PL-309
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.
49A04-1305-CT-267
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)
29A02-1309-CR-841
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)
82A01-1310-CR-454
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)
49A05-1306-PL-294
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. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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