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Opinions June 21, 2013

June 21, 2013
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Indiana Court of Appeals
Gasser Chair Company, Inc. v. Marlene J. Nordengreen, Horseshoe Hammond, LLC, d/b/a Horseshoe Casino
45A03-1210-CT-435
Civil tort. Affirms summary judgment for Horseshoe Casino and denial of Gasser Chair Co.’s motion on Nordengreen’s claim that she was injured at the casino while using a chair Gasser manufactured. Gasser has not demonstrated Horseshoe had actual knowledge the chair was dangerous. Declines to hold a premises owner’s knowledge of a dangerous condition on its premises cannot be determined without first knowing the dangerous condition was the “sole proximate case” of an injury. Remands for the trial court to resolve the remaining issues raised in Horseshoe’s third-party complaint against Gasser.

Constance Anderson v. State of Indiana

02A03-1211-CR-495
Criminal. Affirms sentence for two counts of Class D felony criminal mischief and five counts of Class A misdemeanor animal cruelty. Anderson has not demonstrated the trial court abused its discretion in its consideration of mitigating factors. Declines to revise the sentence under App. R. 7(B) as Anderson’s sentence cannot be said to be inappropriate in light of her character and the nature of her offense.

John M. Mayer, Jr., as Special Administrator of the Estate of Paige R. Winn, Deceased v. Michael. W. Davis

22A01-1212-CT-570
Civil tort. Affirms judgment reflecting $60,000 award in favor of Davis against Winn’s estate for injuries he sustained in an accident with Winn. Davis’ claim against Winn’s estate was not filed in a timely manner, and, as a result, Davis is barred from recovering any funds from the estate. Davis’ recovery is limited to funds recovered from Winn’s insurance carrier in the amount of Winn’s insurance liability policy limits. However, the trial court did not abuse its discretion in denying the motion to amend the judgment because the judgment is a valid judgment despite the fact that the excess judgment cannot be collected from Winn’s estate.

Mark A. Sheese v. State of Indiana (NFP)

84A01-1301-CR-18
Criminal. Affirms revocation of probation.

In the Matter of Minor Children Alleged to be in Need of Services, R.C. and J.C., Minor Children, D.S., Mother, and E.S., Stepfather v. Indiana Department of Child Services (NFP)
88A01-1211-JC-510
Juvenile. Affirms adjudication of children as children in need of services.

Kenneth Alexander v. State of Indiana (NFP)

10A01-1210-CR-492
Criminal. Affirms conviction and sentence for Class A felony burglary and adjudication as a habitual offender.

The Indiana Supreme Court and Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  1. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  2. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  3. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  4. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  5. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

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