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Opinions June 18, 2010

June 18, 2010
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The following opinion was posted after IL deadline Thursday.
Indiana Supreme Court

Christine Dugan v. Mittal Steel, USA, Inc., et al.
45S05-1002-CV-121
Civil. Affirms summary judgment for Mittal Steel USA and Jay Komorowski. Of the two alleged occasions of defamation per se at issue, the one asserted in paragraph 7 of Dugan’s complaint does not constitute defamation per se. Although the statement alleged in paragraph 6 of the complaint qualifies as defamation per se, there is no genuine issue of fact undermining the defendants' claim of qualified privilege.

Today’s opinions
Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals

Randyl A. McCauley and Deanna R. McCauley v. James S. Harris and Diane C. Harris
28A04-0907-CV-421
Civil. Affirms summary judgment for the Harrises in their request for a permanent injunction against the McCauleys enjoining them from interfering with the Harrises’ use and enjoyment of a 30-foot wide ingress and egress that runs over the McCauleys’ property. The trial court properly concluded that the Harrises’ use and enjoyment of the easement for ingress and egress includes the right to use the easement in its entirety and to construct a roadway over all or any part of the easement. Also affirms order the McCauleys remove a portion of their pole barn that lies within the Harrises’ easement.
 
KB Home Indiana Inc. v. Rockville TBD Corporation

49A02-0909-CV-881
Civil. Reverses summary judgment for Rockville in KB Home’s negligence complaint. The trial court erred in finding the economic loss doctrine bars the claim. Affirms summary judgment for Rockville on KB’s claims for trespass and nuisance.
 
Christina Cisternino v. Grant Communications Inc. (NFP)
49A05-0912-CV-735
Civil. Affirms dismissal of Cisternino’s complaint against Grant Communications Inc. pursuant to Indiana Trial Rule 41(E).
 
Daniel L. Anway v. State of Indiana (NFP)
57A03-0912-CR-578
Criminal. Affirms conviction of and sentence for operating a vehicle while intoxicated, misdemeanor resisting law enforcement, and failing to stop after an accident.

Douglas W. Kemp v. State of Indiana (NFP)

87A04-0911-CR-641
Criminal. Affirms sentence for Class C felony child molesting following a guilty plea.
 
P.G. v. T.G. (NFP)
22A01-0912-CV-596
Civil. Affirms denial of P.G. (father)’s petition to change custody after T.L.G. (mother) filed a motion to relocate their minor child out of Indiana.
 
James Huesman v. State of Indiana (NFP)
70A03-0911-CR-514
Criminal. Affirms denial of motion to remove defendant from Indiana’s Sex Offender Registry.
 
Timothy E. Strowmatt v. State of Indiana (NFP)
71A05-0910-PC-587
Post-conviction. Affirms denial of post-conviction relief.

Jerome McKinney v. State of Indiana (NFP)
49A05-0911-CR-642
Criminal. Affirms conviction of Class B felony burglary and finding McKinney to be a habitual offender.
 
Adrian Cole v. State of Indiana (NFP)
49A02-0912-PC-1183
Post-conviction. Affirms sentence received for four convictions of conspiracy to commit forgery, all as Class C felonies.
 
Anthony Emmett Collett v. Kelly Jean Collett (NFP)
89A05-0912-CV-728
Civil. Affirms trial court order declining jurisdiction and deferring jurisdiction of Anthony Collett’s initial child custody determination action to a Minnesota court.
 
Sherrie K. Hansen v. State of Indiana (NFP)
71A04-1002-CR-63
Criminal. Affirms convictions of five counts of Class D felony theft.
 
State of Indiana v. John W. Holler (NFP)
57A03-0910-CR-462
Criminal. Affirms denial of state’s motion to correct error.
 
C.E. v. Review Board of the Indiana Dept. of Workforce Development (NFP)
93A02-0906-EX-526
Civil. Affirms decision of Indiana Unemployment Insurance Review Board that affirms the findings and conclusions of an administrative law judge who denied C.E.’s application for unemployment benefits.

Bob Gasich v. East Chicago Redevelopment Comm. (NFP)

45A03-0910-CV-500
Civil. Affirms trial court’s denial of Gasich’s “petition to void and withdraw the order of appropriation of real estate and appointment of appraisers.”
 
Mark Taylor v. State of Indiana (NFP)
49A04-0908-CR-486
Criminal. Dismisses Taylor’s appeal following revocation of his probation finding the presented issue is moot.
 
Kerwin M. Ward v. State of Indiana (NFP)
02A03-0912-CR-581
Criminal. Affirms sentence for two counts of battery upon law enforcement officer, one count of battery by bodily waste, one count of resisting law enforcement, and one count of disorderly conduct.
 
Linda Ruth Parks v. State of Indiana (NFP)
20A04-1001-CR-21
Criminal. Affirms aggregate 30-year sentence for Class B felony burglary with a habitual offender enhancement.
 
Angel Abarca v. State of Indiana (NFP)
49A02-0910-CR-1018
Criminal. Affirms sentence following a plea of guilty to aggravated battery, a Class B felony.
 
Bray A. Tibbs v. State of Indiana (NFP)
71A03-0911-CR-541
Criminal. Affirms Tibbs’ conviction of and sentence for burglary as a Class B felony; remands with instructions to vacate restitution order.
 
Bernard Arvin v. Capital One Bank (NFP)
53A04-0909-CV-509
Civil. Affirms trial court’s grant of summary judgment in favor of Capital One Bank.
 
FK Inc. v. See USA LLC (NFP)
56A05-0911-CV-654
Civil. Reverses trial court’s award of $82,514.50 in damages and $85,778.35 in attorney fees to See USA on its claim that FK committed check fraud. Also reverses award of $204,499.58 in lost profits damages to See USA on its breach of contract claim against FK. Remands for further proceedings.
 
William T. Casbon v. State of Indiana (NFP)
49A05-0910-CR-588
Criminal. Affirms post-conviction court’s dismissal of motion to vacate sexually violent predator status.
 
Patsy C. Battin v. Curtis R. Battin (NFP)
03A04-0912-CV-715
Civil. Affirms trial court’s denial of Patsy C. Battin’s request for spousal maintenance. Reverses the trial court’s decision to divide the net marital estate equally, and remands with instructions to order a 60/40 split of the net marital estate in Patsy Battin’s favor; reverses trial court’s denial of her request for attorney’s fees; and remands with instructions to order Curtis Battin to pay 50 percent of her attorney’s fees.
 
Darren A. Snyder v. State of Indiana (NFP)
20A05-0910-CR-600
Criminal. Reverses and remands with instructions to vacate a conviction of battery as a Class A misdemeanor and hold a new trial.
 

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  1. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  2. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  3. Indiana up holds this behavior. the state police know they got it made.

  4. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

  5. Agreed on 4th Amendment call - that was just bad policing that resulted in dismissal for repeat offender. What kind of parent names their boy "Kriston"?

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