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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. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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