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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. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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