The following opinions were posted after IL deadline Tuesday.
Indiana Supreme Court
Indianapolis-Marion
County Public Library v. Charlier Clark & Linard, P.C.
06S05-0907-CV-332
Civil. Affirms dismissal of the library’s claims of negligence against the defendants. The library is connected with
the defendants through a network or chain of contracts in which the parties allocated their respective risks, duties, and
remedies. Those contracts, and not negligence law, govern the outcome of the library’s claims.
U.S.
Bank, N.A. v. Integrity Land Title Corp.
17S03-1002-CV-120
Civil. Affirms the judgment of the trial court with respect to its grant of Integrity’s motion for summary judgment
on U.S. Bank's contract claim and reverses trial court’s grant of Integrity’s motion for summary judgment
on U.S. Bank’s tort claim Holds applicable tort law permits U.S. Bank’s tort claim to go forward. The facts of
the case fit within the tort of negligent misrepresentation, an exception to the economic loss rule. Remands for further proceedings.
Kenneth
Brown v. State of Indiana
11S04-0911-CR-537
Criminal. Affirms Brown’s convictions of possession with intent to deliver methamphetamine as a Class B felony, possession
of a controlled substance as a Class C felony, possession of paraphernalia as a Class A misdemeanor, and possession of marijuana
as a Class A misdemeanor. Brown failed to preserve his challenge to the admissibility of evidence. Holds that a claimed error
in admitting unlawfully seized evidence at trial is not preserved for appeal unless an objection was lodged at the time the
evidence was offered. Also holds that such a claim, without more, does not assert fundamental error.
Today’s opinions
Indiana Supreme Court
League of Women Voters, et al. v. Todd Rokita
49S02-1001-CV-50
Civil. Affirms trial court dismissal of challenge to state’s voter identification law. The case presents only facial
constitutional challenges. It is within the power of the legislature to require voters to present photo ID at the polls. Justice
Boehm dissents.
Indiana Court of Appeals
Michael
L. Smith v. State of Indiana
52A04-0909-CR-504
Criminal. Affirms Smith’s 7-year sentence following guilty plea to auto theft, institutional criminal mischief, and
arson. Reverses condition of probation that says unfavorable results of Smith’s polygraph examinations on drug use and
drug trafficking would constitute a probation violation. The use of those tests is improper as found in Hoeppner. Remands
for trial court to amend Smith’s conditions of probation to say positive results may be used against him in a probation-revocation
proceedings and may constitute a violation of probation.
Brightpoint,
Inc. and Brightpoint Europe A/S v. Steen F. Pedersen
49A02-0912-CV-1196
Civil. Affirms dismissal of Brightpoint’s complaint against Pedersen. The trial court did not abuse its discretion
in denying Brightpoint and Brightpoint Europe’s motion to strike nor in dismissing the complaint on the basis of comity.
Stacey
Fowler v. State of Indiana
49A02-0910-CR-1037
Criminal. Affirms conviction of Class B misdemeanor battery. The victim’s booking card from a prior, unrelated arrest
was admissible under the public records exception to the hearsay rule, the introduction of the booking information didn’t
violate Fowler’s Sixth Amendment confrontation rights, she failed to established she was prejudiced as a result of the
admission, and any alleged error in the exclusion of the arresting officers’ out-of-court statements was waived for
failure to make an offer of proof.
A.S.
v. State of Indiana
10A01-0908-JV-423
Juvenile. Affirms adjudication as a delinquent. Finds A.S.’s purported waiver of her right to counsel did not comport
with constitutional requirements. The constitutional violation was fundamental error and her initial detention was improper.
John
Bragg and Built on Foundation, Inc. v. City of Muncie and The Housing Authority
18A04-0912-CV-725
Civil. Affirms summary judgment in favor of City of Muncie and the Muncie Housing Authority on Bragg’s claim for tortious
interference with a contract. Thus, the designated evidence establishes that the agreement between Weatherly and Bragg may
very well have violated the requirements of Indiana Code Section 36-1-2-1 et seq., which would have rendered the contract
void ab initio.
John
Offett v. State of Indiana (NFP)
49A04-0912-CR-687
Criminal. Affirms conviction of Class C felony forgery.
C.B.
v. State of Indiana (NFP)
49A02-0909-JV-842
Juvenile. Affirms adjudication for committing dangerous possession of a firearm by a child, a Class A misdemeanor if committed
by an adult.
Eddie
D. Lowe v. State of Indiana (NFP)
58A01-0912-CR-615
Criminal. Affirms revocation of probation.
Michael
K. Williams v. State of Indiana (NFP)
45A03-0909-CR-438
Criminal. Affirms denial of motion to correct sentence.
Carmen
Kelleher, et al. v. Carol Mason, as personal representative of the Estate of Donald W. Mason (NFP)
45A03-0912-CV-598
Civil. Affirms declaratory judgment in favor of Donald Mason’s estate.
Patton
Homes, LLC, et al. v. Robert Bellows, et al. (NFP)
03A04-0906-CV-358
Civil. Reverses finding that Patton was bound by Robert Bellows’ contractual obligation to the City of Columbus to
provide the sidewalks in question.
Jermaine
J. Johnson v. State of Indiana (NFP)
49A04-0910-CR-591
Criminal. Reverses order Johnson pay $100 supplemental public defender service fee and remands.
Danny
T. Dunlap v. State of Indiana (NFP)
49A02-0907-PC-620
Post conviction. Affirms denial of petition for post-conviction relief.
Lawrence
Brown v. State of Indiana (NFP)
49A02-0908-CR-732
Criminal. Affirms conviction of Class A voluntary manslaughter.
Thaddeus
J. Zysk v. Jennifer K. Zysk (NFP)
48A02-0912-CV-1236
Civil. Affirms order granting Jennifer Zysk’s request to relocate to California with parties’ two minor children.
Jon
Marc Kaetzel and Beverly K. Kaetzel v. The Carl Kaetzel Trust, et al. (NFP)
74A01-1001-PL-30
Civil plenary. Reverses judgment against Jon and Beverly Kaetzel on the trusts’ breach of trust claim. Remands with
instructions to enter judgment in favor of Jon and Beverly Kaetzel on the claim and to rule on all remaining claims. Affirms
judgment for Carl Kaetzel on prejudgment interest and remands with instructions to calculate the amount owed.
Term.
of Parent-Child Rel. of J.G. & J.R.; A.R. v. IDCS (NFP)
20A05-1001-JT-21
Juvenile. Affirms termination of parental rights.
Richard
Joslyn v. State of Indiana (NFP)
49A04-0908-CR-460
Criminal. Affirms convictions of Class C felony stalking and four counts of Class A misdemeanor invasion of privacy.
Guardianship
of Alice L. Schoonover (NFP)
84A01-0904-CV-207
Civil. Affirms order that Margaret Ditteon reimburse the Estate of Alice L. Schoonover for funds misappropriated by a woman
who preceded Ditteon as guardian.
Indiana Tax Court had posted no opinions at IL deadline.














Judge Roger B. Cosbey is unethical and bias toward African American who seeks justice in Title VII claims. He disrespected and used his authority to attempt to intimidate me into taking an unfair settlement and when I refused he proceeded to get my case dismissed and to deny me my Constitutional and Civil Rights. He disobeying several rules of law; specifically, by ruling on summary judgment motions against the Fed. R. Civ. P., without authority of Judge William C. Lee, without consent of the attorneys, and with conspiracy to commit “fraud on the court,” as he conspired with my former attorney. He proved to me that he is bias, unethical, unfair and unfit to be reappointed. In my opinion, he should be disbarred in 2013, for committing fraud on the court, which would make him ineligible for reinstatement in 2014. See docket 3:07 cv 629 where he rules on dispositive motions, knowing magistrates are not vested with that power (especially without consent), grants the defendant an unconscionable number of extensions, accepts my former attorney request for extension for dispositive motion knowing he was working with the opposition, and unbelievably grants the defendant another extension after he requested an extension after he missed the deadline. I know another attorney filed charges against him for bias in race discrimination case(s). I know what he did in my case before he voluntarily recused himself, I just do not know how many other innocent people have been stripped of their rights because of him. I say shame on him and no more of the same.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.