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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. Compromising precious constitutional rights in order to protect them? Rather like the military intelligence slogan that the town had to be destroyed in order to save it. Looks like Joseph, Mary and Baby Jesus will have quite the eventful Boxing Day this year. Wise men will arrive to find no one to accept their gifts? Oh well, wisdom not all that desired this xmas anyway. Maybe the ACLU and Christian attorneys can work out a "three days every third year" visitation compromise and all of this messy litigation stuff can just be boxed up as well? It is an art form, now isn't it? Thomas More, a man of manifold compromises is undoubtedly cheering on wildly.

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

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