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Opinions June 28, 2010

June 28, 2010
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Indiana Supreme Court
Richard Patrick Wilson and Billy Don Wilson v. Gene Isaacs, Sheriff of Cass County, and Brad Craven
09S05-1003-CV-149
Civil. Reverses grant of summary judgment as to the plaintiffs’ liability claims against the sheriff for the conduct of Deputy Brad Craven. Affirms summary judgment for claims against Craven personally. Holds that a law enforcement officer's use of force in excess of the reasonable force authorized by statute is not shielded from liability under the "enforcement of a law" immunity provided in Indiana Code § 34-13-3-3(8) and that genuine issues of fact exist, precluding summary judgment. Chief Justice Shepard dissents without opinion.

Indiana Court of Appeals

Julianne E. Tamasy v. Peter S. Kovacs
49A05-0910-CV-563
Civil. Affirms order granting physical custody of the parties’ children to Kovacs. The trial court did not abuse its discretion in denying Tamasy’s request to transfer the custody proceedings to Massachusetts, in excluding certain testimony at trial, in modifying the previous custody order, and in issuing a July 23, 2009, order regarding Tamasy’s emergency motion to compel parenting time.

Indianapolis-Marion Co. Public Library v. Thornton Thomasetti Engineers, et al.

6A05-0906-CV-327
Civil. Affirms summary judgment in favor of Thorton Thomasetti Engineers on the common law indemnity cross-claim and contractual indemnity cross-claim. Declines library’s invitation to adopt the doctrine of implied contractual indemnity. Reverses summary judgment for TTE on the cross-claim for breach of professional standard of care. It is up a jury to decide whether TTE committed a breach of damages to which WMP may be entitled. Remands for further proceedings on this cross-claim.

American Family Insurance v. Beazer Homes, et al.
49A02-0912-CV-1292
Civil. Reverses dismissal of American Family Insurance’s claim for failure to prosecute against Beazer Homes and other defendants. The trial court abused its discretion in dismissing the claim under Indiana Trial Rule 41(E). The record does not reveal a history of an egregious pattern of deliberate delay on the part of American Family or that American Family defied any court orders. Remands with instructions to reinstate the cause of action.

Elmer D. Baker, v. State of Indiana
17A04-0905-CR-299
Criminal. Grants rehearing to clarify holding on the issue of the amendment of the charging information but affirms original opinion affirming convictions of two counts of Class A felony child molesting and one count of Class C felony child molesting. Clarifies holding to state that the applicable deadline for amending the information is not “before the commencement of the trial” that ended in a mistrial; rather, it is “before the commencement of the trial” that was held on the amended charges, and the one from which Baker filed his appeal.

Eliud Anthony Delgado v. State of Indiana (NFP)
29A02-0911-CR-1142
Criminal. Affirms revocation of placement in community corrections.

Travis Halveland v. State of Indiana (NFP)
89A04-1002-CR-111
Criminal. Affirms sentence following guilty plea to Class D felony theft.

Stardust Development, LLC v. City of Bloomington (NFP)

53A04-0908-CV-487
Civil. Reverses small claims judgment in favor of Bloomington in Stardust Development’s action to recover costs of a tree branch removal. Remands with instructions.

Martin Serrano v. State of Indiana and the City of Fort Wayne (NFP)

02A03-0908-CV-362
Civil. Reverses judgment in favor of the state and City of Fort Wayne ordering the forfeiture of Serrano’s truck, which was seized after a traffic stop.

Maurice Hairston v. State of Indiana (NFP)
02A03-1003-CR-137
Criminal. Affirms convictions of burglary as a Class B felony, receiving stolen property as a Class D felony, and adjudication as a habitual offender.

Jason D. Arbuckle v. State of Indiana (NFP)

72A01-0912-CR-618
Criminal. Affirms conviction of Class A felony dealing in methamphetamine.

Term. of Parent-Child Rel. of T.L.; H.L. v. IDCS (NFP)
02A03-1002-JT-100
Juvenile. Affirms involuntary termination of parental rights.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  2. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  3. Indiana up holds this behavior. the state police know they got it made.

  4. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

  5. Agreed on 4th Amendment call - that was just bad policing that resulted in dismissal for repeat offender. What kind of parent names their boy "Kriston"?

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