Opinions June 9, 2014

July 9, 2014
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Indiana Supreme Court
Veolia Water Indianapolis, LLC, City of Indianapolis, Department of Waterworks, and City of Indianapolis v. National Trust Insurance Company and FCCI Insurance Company a/s/o Ultra Steak, Inc., et al.
Civil plenary. Grants petition for rehearing on the issue of whether the insurers are third-party beneficiaries to the management agreement between Veolia and the city of Indianapolis. As to all issues not expressly addressed in the principal opinion, the Court of Appeals is summarily affirmed.

Indiana Court of Appeals
George Moss v. State of Indiana
Criminal. Affirms convictions of burglary, two counts of robbery, criminal confinement and carrying a handgun without a license. The trial court did not err in refusing to reopen the case to admit a transcript of a statement Moss intended to use to prove his duress defense. Affirms 40-year sentence.

John Lane-El v. Michael Spears, in his official capacity of Chief of Police, and the Indianapolis Police Department
Civil plenary. Affirms in part and reverses in part summary judgment in favor of the defendants on Lane-El’s request for public records with the IPD. The trial court erred in determining that the Indiana Tort Claims Act barred suit against Spears, but he is not a proper party to the suit. It also erred in determining the IPD was not a suable entity under the Indiana Access to Public Records Act and therefore not a proper party for the suit. The trial court did not commit clear error in denying Lane-El’s motion for in camera review.

David J. Markey v. Estate of Frances S. Markey, Deceased; Stephen L. Routson, Personal Representative under the Last Will and Testament of Frances S. Markey, Deceased; Stephen L. Routson, et al.
Estate.  Affirms summary judgment in favor of the estate regarding David Markey’s claim that Frances Markey had violated a contract with his father to make mutual wills. Finds that a three-month period of limitation applies to Markey’s action and that there is no genuine issue of material fact.

Salvino Verta, et al. v. Salvino Pucci
Civil plenary. Reverses the trial court’s order denying Verta’s combined motion to reconsider/motion to correct error/motion for relief from judgment, in which he challenged the court order that required him to pay $11,400 in damages to Pucci. Remands for the trial court for a hearing to further determine what, if any, monetary damages should be awarded given the chronological case summary’s lack of an entry to indicate that the clerk had sent notice to Verta of a January 2013 order.

William M. Belcher v. Catherine Kroczek, D.D.S.
Civil tort. Reverses denial of Belcher’s motion to transfer venue of Kroczek’s complaint from Lake County to Marion County, where he lives. Kroczek’s alleged injury to her reputation, privacy and identity are not transferrable, so they are not considered chattels under Indiana Trial Rule 75(A)(2).

Darwin Wilson v. State of Indiana (NFP)
Criminal. Affirms convictions and sentence for Class A felony dealing in cocaine and Class A misdemeanors possession of marijuana and resisting law enforcement.

Marion County Health Department v. Edward Hill (NFP)
Agency action. Affirms the decision by the full Worker’s Compensation Board to award Hill employee compensation and benefits related to his unauthorized medical care.

Jerry D. White v. State of Indiana (NFP)
Post conviction. On rehearing, discusses ineffective assistance of counsel claim and affirms previous decision in all respects.

Louis Timothy Whyde v. Black Diamond Construction, LLC (NFP)
Civil tort. Affirms summary judgment in favor of Black Diamond Construction on Whyde’s lawsuit alleging negligence.

Keith R. Chaney v. Laura C. Chaney (NFP)
Domestic relation. Reverses denial of Keith Chaney’s motion for relief from judgment.

Richard Burrington v. State of Indiana (NFP)
Criminal. Dismisses the pro se appeal of the revocation of probation.

Derrek T. Berryhill v. State of Indiana (NFP)
Criminal. Affirms convictions and sentence for Class A misdemeanor possession of marijuana and Class B felony aiding, inducing or causing the commission of a robbery.

Victor Glenn v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief.

The Indiana Tax Court issued no opinions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions by IL deadline.


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  1. Heritage, what Heritage? The New Age is dawning .... an experiment in disordered liberty and social fragmentation is upon us .... "Carmel City Council approved a human rights ordinance with a 4-3 vote Monday night after hearing about two hours of divided public testimony. The ordinance bans discrimination on the basis of sexual orientation or gender identity, among other traits. Council members Rick Sharp, Carol Schleif, Sue Finkam and Ron Carter voted in favor of it. The three council members opposing it—Luci Snyder, Kevin Rider and Eric Seidensticker—all said they were against any form of discrimination, but had issues with the wording and possible unintended consequences of the proposal." Kardashian is the new Black.

  2. Can anyone please tell me if anyone is appealing the law that certain sex offenders can't be on school property. How is somebody supposed to watch their children's sports games or graduations, this law needs revised such as sex offenders that are on school property must have another non-offender adult with them at all times while on school property. That they must go to the event and then leave directly afterwards. This is only going to hurt the children of the offenders and the father/ son mother/ daughter vice versa relationship. Please email me and let me know if there is a group that is appealing this for reasons other than voting and religion. Thank you.

  3. Should any attorney who argues against the abortion industry, or presents arguments based upon the Founders' concept of Higher Law, (like that marriage precedes the State) have to check in with the Judges and Lawyers Assistance Program for a mandatory mental health review? Some think so ... that could certainly cut down on cases such as this "cluttering up" the SCOTUS docket ... use JLAP to deny all uber conservative attorneys licenses and uber conservative representation will tank. If the ends justify the means, why not?

  4. Tell them sherry Mckay told you to call, they're trying to get all the people that have been wronged and held unlawfully to sign up on this class action lawsuit.

  5. Call Young and Young aAttorneys at Law theres ones handling a class action lawsuit