ILNews

Opinions June 11, 2014

June 11, 2014
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The following Indiana Supreme Court opinion was posted after IL deadline Tuesday.
Shannon Robinson and Bryan Robinson v. Erie Insurance Exchange
49S02-1311-PL-733
Civil plenary. Affirms summary judgment in favor of Erie Insurance on the issue of whether its automobile policy provided uninsured motorists coverage for automobile property damaged caused by a hit-and-run driver where no personal injury resulted. Because personal injury did not result in the accident, the Erie policy does not provide uninsured motorist coverage with respect to the property damage sustained by the Robinsons’ vehicle.

Wednesday’s opinions
Indiana Court of Appeals

In the Matter of the Petition for Temporary Protective Order: A.N. v. K.G.
49A04-1212-PO-649
Protective order. On rehearing, reverses 28-year extension of protective order because it is unreasonable. Because A.N. agreed to an extension, remands for the trial court to determine a reasonable extension of K.G.’s protective order in accordance with the instructions in this opinion.

Jeffrey M. Miller and Cynthia S. Miller v. Central Indiana Community Foundation, Inc., and Brian Payne
49A04-1309-PL-451
Civil plenary. Affirms summary judgment for Central Indiana Community Foundation Inc. and Brian Payne on the Millers’ lawsuit alleging, among other things, defamation and tortious interference with a business relationship. Summary judgment was proper on the tort claims, civil conspiracy claim and loss of consortium claim.

State of Indiana v. Brishen R. Vanderkolk
79A04-1308-CR-407
Criminal. Affirms grant of Vanderkolk’s suppression motion. Caselaw supports the conclusion that Vanderkolk’s roommate did not completely waive his Fourth Amendment rights before beginning home detention. A search of their home led to contraband in Vanderkolk’s room. Judge Bailey concurs in result. Judge Kirsch dissents without opinion.

Ajayi Folajuwoni v. State of Indiana (NFP)
49A02-1306-CR-556
Criminal. Affirms convictions of Class A misdemeanor voyeurism, Class B misdemeanor battery and Class B felony attempted deviate conduct.

In Re the Paternity of C.B.: F.M. v. N.B. (NFP)
71A04-1309-JP-492
Juvenile. Affirms grant of father’s petition to award him primary custody of child and the order mother pay $5,000 of father’s attorney fees.

In the Matter of the Termination of the Parent-Child Relationship of A.R. and K.R., Minor Children, and B.W., Mother, B.W. v. Indiana Department of Child Services, et al (NFP)
45A05-1307-JT-335
Juvenile. Affirms order terminating parental rights.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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