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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.
49S04-1301-PL-8
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
49A02-1311-CR-961
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
49A05-1306-PL-289
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.
89A05-1402-ES-62
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
45A03-1309-PL-387
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.
45A03-1311-CT-436
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)
49A02-1311-CR-981
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)
93A02-1402-EX-69
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)
20A03-1306-PC-238
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)
02A04-1402-CT-64
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)
84A04-1312-DR-648
Domestic relation. Reverses denial of Keith Chaney’s motion for relief from judgment.

Richard Burrington v. State of Indiana (NFP)
20A05-1401-CR-40
Criminal. Dismisses the pro se appeal of the revocation of probation.

Derrek T. Berryhill v. State of Indiana (NFP)
32A04-1310-CR-527
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)
49A02-1309-PC-774
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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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