ILNews

Opinions July 27, 2011

July 27, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
James W. Miller v. State of Indiana
64A03-1008-CR-543
Criminal. Affirms convictions of two counts of Class A misdemeanor neglect of a vertebrate animal. The evidence is sufficient to show that Miller recklessly endangered the horses’ health by failing to provide them adequate food so as to neglect them. The trial court’s failure to appoint the state veterinarian doesn’t require the reversal of Miller’s convictions.

Alan D. Wilson v. Sisters of St. Francis Health Services
34A02-1101-CC-57
Civil collections. Affirms summary judgment to Sisters of St. Francis Health Services regarding an alleged attorney lien. Wilson does not have a valid equitable attorney fee lien on the payment made by his client’s health insurer to St. Francis. Wilson presented no evidence that a measurable benefit has been conferred on St. Francis under such circumstances that St. Francis’ retention of the insurance payment without payment of attorney fees to Wilson would be unjust.

Tomika Johnson, et al. v. David Sullivan, M.D., et al.
82A05-1102-MI-108
Miscellaneous. Reverses summary judgment for Dr. Sullivan. There is a genuine issue of material fact regarding whether Johnson timely filed her proposed medical malpractice complaint. Holds that evidence of mailing on a particular date, even if it contradicts a postmark, is competent to prove filing on that date for purposes of the Medical Malpractice Act. Affirms summary judgment for Sullivan on Johnson’s claims that Sullivan provided health care to the victim after Dec. 22, 2006, that the continuing wrong doctrine applies, or that the doctrine of fraudulent concealment applies. Remands for further proceedings.

Christopher Brightman v. State of Indiana (NFP)
22A01-1011-CR-603
Criminal. Affirms convictions of Class D felonies receiving stolen property and theft.

Rudolfo G. Rodriguez, Jr. v. Lakeview Title, LLC (NFP)
76A03-1101-PL-36
Civil plenary. Affirms summary judgment for Lakeview Title and denial of Rodriguez’s motion for summary judgment in his suit for negligence and unjust enrichment.

Derek A. Bishop v. State of Indiana (NFP)
06A01-1012-CR-683
Criminal. Affirms convictions of two counts of Class D felony battery.

J.H. v. B.H. (NFP)
02A04-1010-DR-729
Domestic relation. Affirms order modifying custody in response to father J.H.’s relocation to Ohio.

Matthew William Huttle v. State of Indiana (NFP)
45A03-1012-CR-634
Criminal. Affirms sentence for Class D felony battery.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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