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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. The father is a convicted of spousal abuse. 2 restaining orders been put on him, never made any difference the whole time she was there. The time he choked the mother she dropped the baby the police were called. That was the only time he was taken away. The mother was suppose to have been notified when he was released no call was ever made. He made his way back, kicked the door open and terrified the mother. She ran down the hallway and locked herself and the baby in the bathroom called 911. The police came and said there was nothing they could do (the policeman was a old friend from highschool, good ole boy thing).They told her he could burn the place down as long as she wasn't in it.The mother got another resataining order, the judge told her if you were my daughter I would tell you to leave. So she did. He told her "If you ever leave me I will make your life hell, you don't know who your f!@#$%^ with". The fathers other 2 grown children from his 1st exwife havent spoke 1 word to him in almost 15yrs not 1 word.This is what will be a forsure nightmare for this little girl who is in the hands of pillar of the community. Totally corrupt system. Where I come from I would be in jail not only for that but non payment of child support. Unbelievably pitiful...

  2. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

  3. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  4. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

  5. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

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