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Opinions July 26, 2011

July 26, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Mary McCraney v. Steven Gibson, et al.
49A05-1009-CT-528
Civil tort. Affirms summary judgment in favor of Steven Gibson, and Bradley and Natalie Calow with respect to Mary McCraney’s negligence claim resulting in personal injuries. Applying the two-prong test, which finds that the duty of reasonable care imposed upon a landowner is measured by the landowner’s control or possession of the property and the landowner’s knowledge of the dangerous propensities of the dog, McCraney fails to prove the landlords knew of the dog’s violent propensity.

Jo. W. v. Je. W.
02A04-1012-DR-811
Domestic relation. Affirms denial of husband Jo.W.’s Indiana Trial Rule 60(B) motion for relief from judgment. An allegation of intrinsic fraud is governed by T.R. 60(B)(3), and a motion for relief under T.R. 60(B)(3) must be brought within one year from the date of the judgment challenged. Husband’s motion was not timely and the trial court properly denied it.

Marc Randolph v. Edwin Buss, et al.
33A04-1010-MI-684
Miscellaneous. Affirms denial of petition for writ of habeas corpus. Based on the new language of Indiana Code 35-50-6-3.3(e), Randolph was not entitled to the unused educational credit time.

Michael J. Lock v. State of Indiana
35A04-1010-CR-641
Criminal. Reverses conviction of Class D felony operating a motor vehicle while privileges are suspended. The state failed to prove the 2009 Yamaha Zuma scooter was a motor vehicle. Judge Baker dissents.

Robert Fuentes v. State of Indiana
45A05-1011-CR-717
Criminal. Affirms conviction of felony murder. The trial court erred in refusing to tender Robert Fuentes’ instruction on self-defense as it was a more complete statement of the law. It was a harmless error as the jury could not have properly found that Fuentes acted in self-defense when he shot the victim a second time.

Jamall Borum v. State of Indiana
49A02-1010-CR-1099
Criminal. Affirms convictions of and sentences for Class B felony attempted carjacking and Class C felony attempted robbery. There was not a reasonable possibility that the jury relied upon exactly the same facts in rendering convictions on each charge, and the single larceny rule and continuous crime doctrine do not apply. Remands to correct the abstract of judgment and judgment of conviction consistent with the opinion.

Jay C. Gagne v. State of Indiana
03A01-1101-IF-16
Infraction. Affirms jury verdict that Gagne made an illegal U-turn on the interstate. Gagne’s actions violated the provisions of Indiana Code 9-21-8-19.

Mat Warren, Betty Jo Ball, et al. v. E. Lee Warren, Lilly Frayer, et al.
02A03-1102-PL-43
Civil plenary. Reverses summary judgment and order in favor of E. Lee Warren and others that found they are entitled according to Indiana Code 23-14-57-5 to pursue the disinterment and re-interment of their parents. The issues before the court are res judiciata and not available for review.

Robin (Wren) Lechien v. Michael W. Wren
48A02-1007-DR-882
Domestic relation. Affirms finding that son Nathan has repudiated his relationship with his father, relieving the father of any further responsibility to contribute toward college expenses. Reverses modification of father’s weekly child support obligation because the trial court erred in adjusting father’s support obligation. Remands with instructions to enter a child support order consistent with this opinion.

Matthu R. Sanders v. State of Indiana (NFP)
17A05-1012-CR-756
Criminal. Affirms conviction of and sentence for Class A felony robbery while armed with a deadly weapon.

Michael Hickingbottom v. State of Indiana (NFP)
48A02-1012-PC-1429
Post conviction. Affirms denial of petition for post-conviction relief.

Term. of Parent-Child Rel. of M.M.; M.G. v. IDCS (NFP)
49A02-1012-JT-1420
Juvenile. Affirms termination of parental rights.

Robert Pope, et al. v. Patrick Smith (NFP)
17A04-1010-SC-655
Small claim. Affirms order of eviction in favor of landlord Patrick Smith.

William J. Pearson v. State of Indiana (NFP)
81A01-1011-CR-634
Criminal. Affirms revocation of 23 years of Pearson’s suspended sentence.

Teresa A. Mills v. State of Indiana (NFP)
15A01-1012-CR-673
Criminal. Affirms revocation of probation.

Term. of Parent-Child Rel. of R.R, et al.; T.E. v. IDCS (NFP)
20A05-1101-JT-9
Juvenile. Affirms termination of parental rights.

Richard D. Gasper v. State of Indiana (NFP)
73A01-1009-CR-474
Criminal. Affirms conviction of and sentence for Class D felony battery with serious bodily injury.

Melissa Kay Sneed v. State of Indiana (NFP)
16A01-1103-CR-134
Criminal. Affirms sentence for Class B felony dealing in methamphetamine.

Herschel S. Crain, Jr. v. State of Indiana (NFP)
29A04-1101-PC-36
Post conviction. Affirms denial of petition for post-conviction relief.

James Goins v. State of Indiana (NFP)
49A02-1012-CR-1321
Criminal. Affirms revocation of probation.

Herbert Buck v. Sonia Buck (NFP)
48A02-1009-DR-1070
Domestic relation. Reverses denial of Herbert Buck’s motion to correct error after the trial court ordered he reimburse Sonia for certain taxes. Remands with instructions.

Term. of Parent-Child Rel. of K.B.; M.B. v. IDCS (NFP)
42A01-1101-JT-42
Juvenile tort. Affirms termination of parental rights.

Shawn Michael Davis v. State of Indiana (NFP)
71A03-1011-CR-649
Criminal. Affirms conviction of Class D felony theft and adjudication as a habitual offender.

Christian Behling v. State of Indiana (NFP)
71A04-1010-CR-688
Criminal. Affirms revocation of probation.

DeQuan D. Branch v. State of Indiana (NFP)
49A02-1010-CR-1126
Criminal. Affirms conviction of Class B felony possession of cocaine within 1,000 feet of a family housing complex and/or school property.

Karl L. Brunk v. State of Indiana (NFP)
49A02-1008-CR-877
Criminal. Affirms conviction of Class A misdemeanor endangering a person by operating a vehicle while intoxicated.

Indiana Tax Court had posted no opinions at 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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