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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. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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