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.
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
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

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)
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)
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)

Criminal. Affirms sentence for Class C felony child molesting following a guilty plea.
P.G. v. T.G. (NFP)
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)
Criminal. Affirms denial of motion to remove defendant from Indiana’s Sex Offender Registry.
Timothy E. Strowmatt v. State of Indiana (NFP)
Post-conviction. Affirms denial of post-conviction relief.

Jerome McKinney v. State of Indiana (NFP)
Criminal. Affirms conviction of Class B felony burglary and finding McKinney to be a habitual offender.
Adrian Cole v. State of Indiana (NFP)
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)
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)
Criminal. Affirms convictions of five counts of Class D felony theft.
State of Indiana v. John W. Holler (NFP)
Criminal. Affirms denial of state’s motion to correct error.
C.E. v. Review Board of the Indiana Dept. of Workforce Development (NFP)
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)

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)
Criminal. Dismisses Taylor’s appeal following revocation of his probation finding the presented issue is moot.
Kerwin M. Ward v. State of Indiana (NFP)
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)
Criminal. Affirms aggregate 30-year sentence for Class B felony burglary with a habitual offender enhancement.
Angel Abarca v. State of Indiana (NFP)
Criminal. Affirms sentence following a plea of guilty to aggravated battery, a Class B felony.
Bray A. Tibbs v. State of Indiana (NFP)
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)
Civil. Affirms trial court’s grant of summary judgment in favor of Capital One Bank.
FK Inc. v. See USA LLC (NFP)
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)
Criminal. Affirms post-conviction court’s dismissal of motion to vacate sexually violent predator status.
Patsy C. Battin v. Curtis R. Battin (NFP)
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)
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 have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.