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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.
12-2673
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.
79A02-1302-AD-183
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.
29A05-1209-JP-447
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
77A01-1302-ES-86
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
53A05-1211-CR-560
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)

49A04-1211-CR-564
Criminal. Affirms conviction for Class C felony.

Robert Marks v. State of Indiana (NFP)

62A01-1212-CR-591
Criminal. Affirms trial court’s revocation of Marks’ probation.  

Anonymous Hospital, Inc., v. Jane Doe, Et Al., and Indiana Department of Insurance (NFP)
20A03-1210-CT-426
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)
50A03-1211-CT-487
Civil tort. Affirms summary judgment for American Modern Home Insurance Co.

Gary Wayne Shortt v. State of Indiana (NFP)
73A01-1212-CR-590
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)

65A05-1212-CR-656
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)

45A03-1211-CR-492
Criminal. Affirms Pitts’ 30-year sentence for Class A felony rape.

Dominique Devon Hayes v. State of Indiana (NFP)

45A05-1211-CR-576
Criminal. Affirms Hayes’ sentence of 17 years for one count of Child Molesting as a Class B felony.  

Margaret Smith v. Kristopher Schaler (NFP)

49A05-1211-CT-552
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)
52A05-1303-SC-126
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)
90A02-1211-CR-886
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)
49A05-1211-JT-583
Juvenile termination. Affirms the termination of mother’s and father’s parental rights.

Truong Vu v. State of Indiana (NFP)
53A04-1207-CR-352
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)

20A04-1210-CR-525
Criminal. Affirms Medina’s conviction of and sentence for Class A felony attempted child molesting.

Adam Sullender v. State of Indiana (NFP)
20A03-1212-CR-554
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)
48A02-1212-CR-1007
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)
03A01-1301-CR-33
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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  3. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  4. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  5. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

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