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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. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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