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Opinions June 4, 2014

June 4, 2014
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The following Indiana Supreme Court opinion was posted after IL deadline Tuesday:
Bruce Ryan v. State of Indiana
49S02-1311-CR-734
Criminal. Affirms two convictions of Class C felony sexual misconduct with a minor, finding no fundamental error by prosecutor’s statements during closing argument. The prosecutor improperly urged the jury to convict Ryan for reasons other than his guilt, but his failure to contemporaneously object and enable the trial court to take corrective action results in procedural default on his appellate claim.

Wednesday’s opinions
Lori Nicklas v. Von Tobel Corporation, Individually, and d/b/a Von Tobel Lumber; and Von Tobel Lumber Company, Inc.
64A03-1310-CC-429
Civil collection. Affirms summary judgment in favor of Von Tobel Corp. and the denial of Nicklas’ motion for summary judgment on the company’s action to recover money owed on a promissory note executed by Nicklas and her husband. An agreed judgment against one obligor does not merge and extinguish the obligation of another person jointly and severally liable on the same contract, so Van Tobel was free to seek a judgment against Lori Nicklas after an agreed judgment with Shawn Nicklas had been entered.

In the Matter of the Supervised Estate of Mildred Borgwald, Deceased v. Old National Bank and Raelynn Pound
84A01-1302-ES-80
Estate, supervised. Affirms decision in favor of Old National Bank and Pound, entitling the bank to foreclose on the mortgage and equity line of credit against the estate. The trial court properly excluded the testimony of the estate’s proffered expert witness, Dr. Robert Lalouche pursuant to Evid. R. 702; the estate was not denied the opportunity to make an offer of proof regarding Lalouche’s anticipated testimony; the trial court did not abuse its discretion by admitting redacted, certified copies of medical records; and ONB’s mortgage was not invalidated.

Michael W. Palmby v. Karen M. Palmby
32A04-1310-DR-506
Domestic relation. Affirms denial of Michael Palmby’s verified petition for revocation of spousal maintenance. The trial court did not abuse its discretion when it denied his request and instead modified the payment terms of the accumulated rehabilitative maintenance.

Indiana Insurance Company v. Patricia Kopetsky, and KB Home Indiana Inc.
49A02-1304-PL-340
Civil plenary. KB Home has successfully alleged “property damage” caused by an “occurrence” pursuant to the policies and that the policies’ “expected and intended” and “contractual liability” exclusions do not work to bar coverage in this case. However, the designated evidence generates a question of fact as to whether the known loss doctrine works to bar coverage in this case, and so remands for trial on that question only. Reverses the trial court’s determination that Indiana Insurance is obligated to indemnify Kopetsky as a question not yet ripe for adjudication and affirms that the trial court did not err in granting summary judgment in favor of Indiana Insurance on her bad faith counterclaim.

Marilee Garrison v. State of Indiana (NFP)
82A04-1312-CR-599
Criminal. Affirms conviction and sentence for Class C felony conspiracy to commit theft.

Shemika L. Boyd v. Review Board of the Indiana Department of Workforce Development and Amazon Com INDC, LLC (NFP)
93A02-1310-EX-886
Agency action. Affirms decision that Boyd is ineligible for unemployment benefits.

Corday C. Dixon v. State of Indiana (NFP)
20A03-1311-CR-448
Criminal. Affirms convictions and sentence for two counts of Class C felony child molesting and one count of Class A felony child molesting.

Dennis Daniels v. State of Indiana (NFP)
20A05-1310-CR-517
Criminal. Affirms conviction of Class A misdemeanor criminal recklessness.

Nathan Ferguson and Deanna Ferguson v. Shiel Sexton Company, Inc. d/b/a Shiel Sexton, And WR Dunkin & Son, Incorporated; Lynch, Harrison & Brumleve, Inc.; et al (NFP)
29A02-1310-CT-839
Civil tort. Affirms summary judgment in favor of Shiel Sexton on the Fergusons’ negligence claim.

Aubrey Thompson v. State of Indiana (NFP)
49A02-1307-CR-606
Criminal. Reverses conviction of Class B misdemeanor public intoxication.

Jason Severs v. State of Indiana (NFP)
84A05-1310-CR-527
Criminal. Affirms sentence for securities fraud as a Class B felony, unlawful acts related to offer of sale of a security as a Class C felony and violating broker-dealer registration requirements as a Class C felony.

Jacob Lutz v. State of Indiana (NFP)
15A01-1310-CR-451
Criminal. Affirms determination that Lutz is a sexually violent predator.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
 

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  1. Is this a social parallel to the Mosby prosecutions in Baltimore? Progressive ideology ever seeks Pilgrims to burn at the stake. (I should know.)

  2. The Conour embarrassment is an example of why it would be a good idea to NOT name public buildings or to erect monuments to "worthy" people until AFTER they have been dead three years, at least. And we also need to stop naming federal buildings and roads after a worthless politician whose only achievement was getting elected multiple times (like a certain Congressman after whom we renamed the largest post office in the state). Also, why have we renamed BOTH the Center Township government center AND the new bus terminal/bum hangout after Julia Carson?

  3. Other than a complete lack of any verifiable and valid historical citations to back your wild context-free accusations, you also forget to allege "ate Native American children, ate slave children, ate their own children, and often did it all while using salad forks rather than dinner forks." (gasp)

  4. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  5. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

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