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Opinions July 30, 2012

July 30, 2012
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The following Indiana Supreme Court opinion was released Friday after IL deadline.
In the Matter of Thomas E. Q. Williams
30S00-1101-DI-37
Attorney discipline. Suspends attorney for two years without automatic reinstatement for engaging in misconduct by charging an unreasonable attorney fee to an elderly client, converting funds belonging to the client, and related misconduct.

Monday’s opinions
7th Circuit Court of Appeals
Winforge, Inc., et al., v. Coachmen Industries, Inc., et al.
10-3178
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms trial court judgment for defendants, agreeing that the parties had never entered into a final, enforceable contract.

Indiana Supreme Court
Thomas R. Crowel v. Marshall County Drainage Board
50S03-1202-MI-71
Miscellaneous. Affirms trial court ruling assessing a portion of a drain reconstruction’s costs, holding that Crowel receives a benefit by virtue of the drainage.

Indiana Court of Appeals
State of Indiana v. Raymond P. Coleman
29A05-1108-CR-435
Criminal. Dismisses appeal of trial court’s grant of motion to dismiss, holding the state lacks statutory authority to bring the appeal.

The Peniel Group, Inc. and Beech Grove Holdings, LLC v. Elizabeth Bannon, Kenneth G. Schaefer, Linda A. Schaefer, et al.
49A02-1201-PL-42
Civil plenary. Affirms summary judgment for Kenneth G. and Linda A. Schaefer, Betty Benefiel, Janet Beeler, and Charles and Beth Dodson, finding that Beech Grove Holdings is barred from bringing a claim under Environmental Legal Action statutes.

Jeffery Alholm v. Rebecca (Alholm) Allen (NFP)
48A05-1109-DR-466
Domestic relation. Affirms trial court modification of child custody and parenting time, and contempt order against father.
 
Bruce A. Craig v. Cynthia E. Craig (NFP)
92A03-1112-DR-584
Domestic relation. Affirms trial court’s division of property.

Scott Robertson v. State of Indiana (NFP)
49A02-1112-CR-1081
Criminal. Affirms bench trial conviction of Class A misdemeanor resisting law enforcement.

Lawrence Ray Holley, II v. State of Indiana (NFP)
79A02-1005-PC-652
Post-conviction relief. Reverses denial of post-conviction relief and remands, finding the court erred when it refused to admit trial transcripts into the record.

Elex Baltazar v. State of Indiana (NFP)
71A03-1111-CR-545
Criminal. Affirms trial court conviction of murder.

Michael Mangan v. State of Indiana (NFP)
49A04-1110-CR-555
Criminal. Affirms trial court conviction of murder.

James L. Johnson v. State of Indiana (NFP)
49A02-1112-CR-1100
Criminal. Affirms 75-year sentence for convictions of Class A felony criminal deviate conduct, Class B felony criminal confinement and being a habitual offender.

Fortune Management, Inc. v. Design Collaborative, Inc. (NFP)
34A02-1110-CC-1131
Civil collections. Affirms finding that an oral contract existed and that damages were awardable for breach of that contract, and that Fortune could not prevail on the mitigation of damages issue. Reserves in part and remands to trial court to vacate judgment on motion to correct error and restore its original judgment.
 
Katie C. Graber v. Dale Graber (NFP)
02A04-1112-DR-696
Domestic relations. Affirms trial court division of assets.

Barbara A. Johnson and William T. Johnson, both individually and as trustees of the Barbara A. Johnson Living Trust Dated 12-17-1996 v. Joseph Wysocki and M. Carmen Wysocki (NFP)
45A04-1111-CT-610
Civil tort. Reverses trial court finding for the Wysockis on a claim of fraudulent misrepresentation; affirms court’s denial of the Wysockis’ request for attorney fees.

Indiana Tax Court posted no opinions at IL deadline.


 

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  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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