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Opinions June 25, 2012

June 25, 2012
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7th Circuit Court of Appeals posted no opinions prior to IL deadline.

Indiana Supreme Court
Sharon Gill, on her own behalf and on behalf of the Estate of Gale Gill v. Evansville Sheet Metal Works, Inc.

49S05-1111-CV-672
Civil. Reverses trial court ruling for defendant that Gill did not bring her claim within the time Indiana law requires for a claim arising from the construction of an “improvement to real property.” There is a genuine issue of material fact as to whether Evansville Sheet Metal Works’ work constituted an “improvement to real property” as that phrase is commonly understood. Holds that for purposes of the construction statute of repose, an “improvement to real property” is a “permanent addition to or betterment of real property that enhances its capital value and that involves the expenditure of labor or money and is designed to make the property more useful or valuable as distinguished from ordinary repairs.”

Indiana Court of Appeals
Steven Brown v. Chris Guinn
22A01-1111-SC-524
Civil plenary. Affirms breach of contract ruling for defendant, holding that the trial court did not err or commit reversible error in its ruling in which a contract was not presented in court, but to which both parties attested.

Jesse Clements v. Ralph Albers (NFP)
49A05-1105-PL-257 & 49A04-1201-PL-9
Civil plenary. Affirms in part and remands in part for further argument on damages awarded on counterclaim.

Casey R. Greene v. State of Indiana (NFP)
07A01-1109-CR-391
Criminal. Affirms trial court convictions for Class C felony dealing in marijuana and Class A misdemeanor resisting law enforcement.

Scott W. Schwichtenberg v. State of Indiana (NFP)
35A04-1109-CR-536
Criminal. Affirms trial court conviction on a Class C felony count of incest.

Jeremy W. Lawson v. State of Indiana (NFP)
30A01-1112-CR-592
Criminal. Affirms in part, reverses in part and remands with instructions to reduce a Class A misdemeanor battery conviction to a Class B misdemeanor and modify sentence accordingly.

Ryan Keith Winchester v. State of Indiana (NFP)
12A02-1109-CR-882
Criminal. Affirms trial court conviction on a Class B felony count of burglary.

Indiana Tax Court posted no opinions at IL deadline.
 

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  1. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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