Opinions July 30, 2013

July 30, 2013
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The following opinion was released after IL deadline Monday:
7th Circuit Court of Appeals
Mobile Tool International, Inc. and MTI Insulated Products, Inc. v. Davis H. Elliot Company, Inc.
Civil. Affirms summary judgment for Mobile. Finds that the indemnity provision in the invoice did not supersede the language in the lease so Elliot was required to defend and indemnify Mobile against claims made by an injured employee.

Today's opinions:
Indiana Court of Appeals

In Re the Adoption of: P.A.H., f/k/a P..V., Minor Child, B.D. and L.H.C., v. J.H.
Adoption. Reverses trial court’s order granting post-adoption visitation to P.H.’s biological uncle, J.H. Finds the lower court lacked authority to grant post-adoption visitation rights to J.H. since he is not within any statutory category of persons entitled to visitation rights.

In Re: The Paternity of Jo.J., J.W.J., v. D.C.
Juvenile paternity. Affirms the judgment of the trial court to modify the father’s child support obligation and to jail father for contempt. The COA concludes the trial court may have erred in considering mother’s request for “temporary support” prematurely. It did not err in modifying father’s weekly child support payment.

Darla M. Brenton, as Personal Representative of the Estate of Evelyn Norfleet, Deceased v. Leslie D. Lutz
Estate, supervised. Affirms trial court’s order removing Brenton as special administrator of her mother’s estate. Brenton had successfully sought to be appointed as administrator for the sole purpose of collecting damages for wrongful death. However, when the trial court removed her as administrator after learning her brother had already been named as the executor of her mother’s estate, Brenton argued that the trial court did not comply with Indiana Code Section 29-1-10-6. This did not persuade the COA. The appeals court ruled without a valid appointment of a special administrator, there is not reason to seek removal under I.C. Section 29-1-10-6.      

Adam Miller v. State of Indiana
Criminal. Reverses trial court’s denial of Miller’s motion to suppress. Concludes the search of Miller’s backpack was impermissible under the Fourth Amendment of the U.S. Constitution. Judge Cale Bradford dissents, arguing the search of Miller’s backpack did not violate the Fourth Amendment of the U.S. Constitution or Article I, Section 11 of the Indiana Constitution. Further, he asserts, the trial court did not abuse its discretion in allowing the state to reopen its evidence at the suppression hearing.  

Kevin Buckley v. State of Indiana (NFP)

Criminal. Affirms conviction for Class C felony.

Robert Marks v. State of Indiana (NFP)

Criminal. Affirms trial court’s revocation of Marks’ probation.  

Anonymous Hospital, Inc., v. Jane Doe, Et Al., and Indiana Department of Insurance (NFP)
Civil tort. Reverses and remands for further proceedings the trial court granting Doe partial summary judgment. Rules Doe’s complaint for damages falls within the purview of the Indiana Medical Malpractice Act.

Joseph Dowell and Angie L. Grove and Cody Rowe v. American Modern Home Insurance Company (NFP)
Civil tort. Affirms summary judgment for American Modern Home Insurance Co.

Gary Wayne Shortt v. State of Indiana (NFP)
Criminal. Affirms the denial of Shortt’s motion for earned credit time and to correct error in his sentence.

Floyd D. Stewart v. State of Indiana (NFP)

Criminal. Affirms Stewart’s conviction of two counts of Class A felony dealing in cocaine and sentence to concurrent terms of 23 years, with 21 years executed and two years suspended.  

Kendal R. Pitts v. State of Indiana (NFP)

Criminal. Affirms Pitts’ 30-year sentence for Class A felony rape.

Dominique Devon Hayes v. State of Indiana (NFP)

Criminal. Affirms Hayes’ sentence of 17 years for one count of Child Molesting as a Class B felony.  

Margaret Smith v. Kristopher Schaler (NFP)

Civil tort. Affirms trial court’s denial of Smith’s motion to dismiss Schaler’s complaint pursuant to Indiana Trial Rule 12(B)(6). Judge Nancy Vaidik dissents, arguing the trial court did err because Schaler has only pled to spoliation-of-evidence claim in his complaint and spoliation of evidence is not a recognized cause of action in Indiana.

Victor Fointno v. Clair Barnes, Et Al., (NFP)
Small Claim. Affirms trial court’s entry of judgment against Fointno and in favor of the defendants.

James A. Groff v. State of Indiana (NFP)
Criminal. Affirms Groff’s statutory no-contact order as a condition of his executed sentence following his plea of guilty to sexual misconduct with a minor, a Class B felony.  

In the Matter of the Term. of Parent-Child Rel. of M.G. & A.G. (Minor Children), and S.S.(Mother) & S.G.(Father), v. Child Advocates Inc. and Indiana Department of Child Services (NFP)
Juvenile termination. Affirms the termination of mother’s and father’s parental rights.

Truong Vu v. State of Indiana (NFP)
Criminal. Affirms Vu’s convictions for criminal deviate conduct, as a Class B felony; sexual battery, as a Class D felony; and two counts of criminal confinement, as Class D felonies. Remands with instructions for the court to correct its written sentencing statement and any related documents to include the term of probation.  

Jose F. Medina v. State of Indiana (NFP)

Criminal. Affirms Medina’s conviction of and sentence for Class A felony attempted child molesting.

Adam Sullender v. State of Indiana (NFP)
Criminal. Affirms Sullender’s sentence for Class C felony battery of a pregnant woman and Class D felony strangulation.
Martez Brown v. State of Indiana (NFP)
Criminal. Affirms Brown’s 150-year sentence after being convicted of two counts of murder and one count of Class B felony robbery.

Billy Ray Mead v. State of Indiana (NFP)
Criminal. Affirms trial court’s revocation of Mead’s probation and order for him to serve his previously suspended five-year sentence in the Indiana Department of Correction with credit for time served.  

The Indiana Supreme Court and Tax Court release no opinions prior to IL deadline. The 7th Circuit Court of Appeals released no Indiana decisions prior to IL deadline.


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  1. 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.

  2. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  3. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  4. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...

  5. Its a valid lawsuit. Since the civil war, States have no rights anyways. Get over it, people! You are all subjects now and merely "citizens of the world" anyways, with human rights and all that. Gov'nor knows that. This is just grandstanding to try and appease the red state troops still smarting over the "Gay rights" shoved down their unwilling throats. Gotta keep them "voting" in the kayfabe elections! After all, since nobody cares about the tens of millions of Mexicans here, what's a few Syrians going to do, anyways? Guess we'll find out! LOL