Opinions July 30, 2012

July 30, 2012
Back to TopE-mailPrintBookmark and Share

The following Indiana Supreme Court opinion was released Friday after IL deadline.
In the Matter of Thomas E. Q. Williams
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.
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
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
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.
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)
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)
Domestic relation. Affirms trial court’s division of property.

Scott Robertson v. State of Indiana (NFP)
Criminal. Affirms bench trial conviction of Class A misdemeanor resisting law enforcement.

Lawrence Ray Holley, II v. State of Indiana (NFP)
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)
Criminal. Affirms trial court conviction of murder.

Michael Mangan v. State of Indiana (NFP)
Criminal. Affirms trial court conviction of murder.

James L. Johnson v. State of Indiana (NFP)
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)
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)
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)
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.



Sponsored by
Subscribe to Indiana Lawyer
  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

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

  5. 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.