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Opinions - June 9, 2010

June 9, 2010
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The following opinions were posted after IL deadline Tuesday.
Indiana Supreme Court

Walker Whatley v. State of Indiana
49S02-0908-CR-379
Criminal. Affirms Whatley’s conviction of and sentence for Class A felony dealing in cocaine because he was arrested within 1,000 feet of a church that provided services to youth on a regular basis. A jury could properly find that the nearby church was a “youth program center” because it provided a building or structure that on a regular basis offered recreational, social, or other programs or services for persons less than 18 years of age. Justices Boehm and Rucker dissent.

Indiana Tax Court
Lawrence and Glenda Pachniak v. Marshall County Assessor (NFP)
49T10-0904-TA-18
Tax. Affirms the Indiana Board of Tax Review’s final determination regarding the Pachniak’s 2006 real property assessment.

Today’s opinions:
Indiana Supreme Court posted no opinions at IL deadline.


Indiana Court of Appeals

J.M. v. M.A., et al.
20A04-0911-CV-640
Civil. Reverses and remands decision of trial court with instructions trial court vacate its order adjudicating J.M. as the legal father of W.H. and ordering him to pay child support. Additionally, because the state has conceded that J.M. is not W.H.‘s biological father, the trial court must set aside the paternity affidavit.
 
Fifth Third Bank v. Peoples National Bank

49A02-0908-CV-753
Civil. Reverses and remands with instructions to determine the appropriate amount of sanctions to be assessed against Fifth Third Bank. The issue raised was whether Fifth Third waived its right to enforce its security interest with respect to its indebted depositor’s checking account and proceeds held therein.
 
American Heritage Banco Inc. v. Arthur W. Cranston and Joanne E. Cranston, et al.
76A04-0907-CV-384
Civil. Reverses and remands trial court’s judgment in favor of Arthur W. and Joanne E. Cranston on American Heritage Banco Inc.’s mortgage foreclosure claim and claim for damages on a promissory note against the Cranstons. The trial court had denied the bank’s claims for relief and instead entered judgment in favor of the Cranstons on the Cranstons’ affirmative defense and counterclaim for constructive fraud against AHB. The trial court also awarded treble damages and attorney fees to the Cranstons pursuant to the Indiana Crime Victim’s Relief Act.

Ben Erwin and Shona Erwin as parents, natural guardians, and next-of-friend of their minor child, D.E. v. Brenda Roe
16A01-0906-CV-312
Civil. Affirms in part, reverses in part, and remands. Concludes (1) trial court was within its discretion to deny the Erwins’ extension of time; (2) Roe is not liable for treble damages with respect to the federal statute; however, knowledge is not a requirement for violation of Residential Lead-Based Paint Hazard Reduction Act; (3) Roe was negligent per se with respect to state tort law; and (4) there is a genuine issue of material fact as to whether Roe was provided with a reasonable amount of time after she received notice lead paint would need to be removed from the house she rented to the Erwins before they broke their lease.

Adoption of D.C.; J.C. v. J.C. and A.C.

49A02-0909-CV-862
Civil. Affirms order of trial court that grants the petition of D.C.’s stepfather J.C. and his wife A.C. to adopt D.C. D.C., born May 5, 1998, has lived with stepfather since his birth. D.C.’s mother died in 2005 and stepfather has since remarried. Among the issues raised by D.C.’s biological father, appellant J.C., was whether his parental rights may not be terminated absent the procedural protections of the Indian Child Welfare Act. The Sitka Tribe of Alaska was permitted to intervene regarding the potential application of the ICWA.
 
Value World Inc. of Indiana v. Review Board of the Indiana Dept. of Workforce Development and C.C.

93A02-1001-EX-61
Civil. Affirms determination of the Unemployment Review Board of the Indiana Department of Workforce Development that concludes Value World did not have good cause for failing to attend an administrative appeal hearing.

Ebrahima Diallo v. State of Indiana
49A05-0910-CR-614
Criminal. Affirms convictions of three counts of Class C felony forgery.
 
Indiana Department of Correction v. Douglas Haley
56A03-0911-CR-553
Criminal. Reverses denial of DOC’s motion to correct error, which challenged the trial court’s order granting Haley’s petition for educational credit time.
 
Aaron Johnson v. State of Indiana (NFP)

71A03-1001-CR-11
Criminal. Affirms trial court’s denial of motion to withdraw guilty plea.
 
Vicki Sue Maze v. Robert L. Davenport, et al. (NFP)
50A03-0911-CV-531
Civil. Affirms trial court’s grant of summary judgment with respect to Maze’s claim for damages for breach of contract. Remands as to Maze’s unjust enrichment claim.
 
Joseph B. Williams AKA Lonnie Williams v. State of Indiana (NFP)
32A05-0906-CV-334
Civil. Affirms trial court’s denial of petition for writ of habeas corpus, after revocation of parole.

Bruce W. Guess v. State of Indiana (NFP)

64A03-0910-CR-497
Criminal. Affirms sentence following a guilty plea to murder and robbery as a Class B felony.
 
Jerome Ford v. State of Indiana (NFP)
49A02-0911-CR-1067
Criminal. Affirms conviction of battery, a Class A misdemeanor.
 
Terry Ray Isaacs v. State of Indiana (NFP)
21A01-0907-PC-328
Post-conviction. Affirms denial of petition for post-conviction relief.
 
Andrew Tesch v. State of Indiana (NFP)  
22A01-1001-CR-26
Criminal. Affirms sentence imposed following guilty plea to Class C felony robbery.
 
Anthony L. Beery v. State of Indiana (NFP)
01A02-1002-CR-108
Criminal. Affirms trial court’s finding of violation of probation and probation revocation.
 
Leeland Runkel v. State of Indiana (NFP)
38A04-0909-PC-546
Post-conviction. Affirms denial of petition for post-conviction relief.
 
James Watkins v. State of Indiana (NFP)
49A02-0911-CR-1058
Criminal. Affirms conviction of resisting law enforcement, a Class D felony.
 
Wolf Lake Pub Inc. v. Review Board of the Indiana Dept. of Workforce Development, et al. (NFP)
93A02-0910-EX-957
Civil. Affirms decision of the Indiana Unemployment Insurance Review Board dismissing Wolf Lake Pub’s appeal for failure to appear at a hearing.
 
Copenhaver Construction Consultants LLC, et al. v. Lincoln Bank (NFP)
32A01-0909-CV-476
Civil. Affirms trial court’s grant of summary judgment in favor of Lincoln Bank and denial of appellants’ counter-motion for partial summary judgment.

Gary Parsley v. State of Indiana (NFP)
28A05-0911-CR-650
Criminal. Reverses and remands sentence following a guilty plea to attempted aggravated battery, a Class B felony.

Mark Vickery v. State of Indiana (NFP)
49A02-1001-CR-38
Criminal. Affirms trial court’s denial of motion to remove sexually violent predator status.
 
Rickey D. Miller and Jennifer Miller v. Art Duncan, M.D. (NFP)
22A01-0907-CV-316
Civil. Affirms judgment entered on medical malpractice action after jury returned a verdict in favor of Dr. Duncan.
 
Steven T. Hutson Jr. v. State of Indiana (NFP)
61A05-1002-CR-56
Criminal. Affirms probation revocation.
 
Tara L. Huffman v. State of Indiana (NFP)
71A03-1002-CR-89
Criminal. Affirms convictions of possession of cocaine, fraud, and theft as Class D felonies.
 
J.D. v. State of Indiana (NFP)
49A02-0911-JV-1112
Juvenile. Affirms adjudication of J.D. as a juvenile delinquent after the juvenile court found he committed acts that would be Class B felony burglary and Class D felony theft if committed by an adult.

Matthew Ferry v. State of Indiana (NFP)  
79A04-0910-CR-606
Criminal. Affirms convictions of possession of marijuana, a Class A misdemeanor; maintaining a common nuisance, a Class D felony; possession of marijuana while having a prior conviction, a Class D felony, and with being a habitual substance offender.

Indiana Tax Court posted no opinions at IL deadline.

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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