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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. I will be filing a lawsuit in Tippecanoe County for so many violations in a case we became involved in, including failure to contact through mail, Violation of 4th Amendment rights, Violation of Civil Rights, and so on. Even the Indiana Ombudsmen Bureau found violations and I have now received the report and they are demanding further training in Tippecanoe County. I am going to make sure they follow through!!!

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  3. I thought the purpose of the criminal justice center was to consolidate all the criminal services and get them out of downtown to clean up the place. Why in the HELL are the civil courts moving? What a burden to all the downtown law firms. Now we all get to work downtown, but then have to get in a car and COMMUTE to court? Who approved this idiocy?

  4. I drive through the neighborhood whenever I go to the City-County Building or the Federal Courthouse. The surrounding streets are all two way with only two lanes of traffic, and traffic is very slow during rush hour. I hope that enough money has been allocated to allow for improvement of the surrounding streets.

  5. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

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