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Opinions March 11, 2014

March 11, 2014
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The Indiana Supreme Court posted the following opinion Monday after IL deadline:
Bonnie Moryl, as Surviving Spouse and Personal Representative of the Estate of Richard A. Moryl v. Carey B. Ransone, M.D., La Porte Hospital, Dawn Forney, RN, Wanda Wakeman, RN BSBA, et al.
46S04-1403-CT-149
Civil tort. Reverses summary judgment in favor of the defendants in a malpractice action, holding in a matter of first impression that the complaint was timely filed when it was deposited for overnight shipping with Federal Express the day before the two-year statute of limitations expired. Remands for proceedings.

Tuesday’s opinions
Indiana Supreme Court

State of Indiana v. Adrian Lotaki
32S01-1403-CR-151
Criminal. Reverses sentencing order, holding the trial court erred in calculating credit time for a battery committed while Adrian Lotaki was serving a sentence in the Department of Correction. Because sentences for crimes committed in prison are by statute served consecutively, the credit time awarded against the battery conviction effectively enabled Lotaki to serve part of his consecutive sentence concurrently. Remands for resentencing.

In re Adoption of T.L. and T.L.; M.G. v. R.J. and E.J.
02S03-1308-AD-528
Adoption. Affirms trial court adoption petition, holding that it was not clearly erroneous. Father’s consent was not needed because the trial court found he knowingly failed to provide for the care and support of his children, and in such cases statute provides the parent’s consent is not required.

Indiana Court of Appeals
Michael E. Hitchens v. Collection Specialists, Inc.
48A05-1306-SC-302
Small claims. Affirms judgment in favor of Collection Specialists, Inc. for an uncollected dental bill of $3,440, rejecting Michael Hitchens’ claim that the dentist’s letter stating Hitchens had never expressed displeasure about the services was improperly admitted hearsay. The panel found Hitchens’ due process had not been denied and that rewriting the Small Claims Rules to forbid rulings based exclusively on hearsay evidence would be contrary to the courts’ mission to dispense speedy justice between parties.

Robert E. Hicks v. State of Indiana
82A01-1306-CR-256
Criminal. Affirms Hicks’ conviction of murder and 55-year sentence in the Indiana Department of Correction. Although police officers had started questioning Hicks, they stopped the interrogation and gave him a Miranda warning before he confessed. Therefore, the statements he made about beating and stabbing his girlfriend were admissible.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of B.P., C.P., and D.P., the minor children, and A.H., the Mother, and J.P., the Father: A.H. and J.P. v. IDCS (NFP)
89A04-1310-JT-525
Juvenile. Affirms involuntary termination of A.H.’s (mother) and J.P.’s (father) parental rights to their children, B.P., C.P. and D.P.

Fidelity and Deposit Co. of Maryland v. Sheet Metal Workers' International Association Local Union No. 20, Sheet Metal Workers Local No. 20 Welfare and Benefit Fund, et al. (NFP)
03A01-1309-PL-380
Civil plenary. Affirms summary judgment in favor of the Sheet Metal Workers’ International Association Local Union No. 20, et al. Concludes the union may properly make claims for payment of unpaid fringe benefit contributions and remitted wages for dues under the public works payment bond.

Dennis J. Turner v. State of Indiana (NFP)
06A01-1308-PC-347
Post conviction. Affirms denial of Turner’s petition for post-conviction relief.

In the Matter of the Termination of the Parent-Child Relationship of: K.S. & A.S. (minor children); K.D. (Mother) v. The Indiana Department of Child Services (NFP)
04A04-1305-JT-225
Juvenile. Affirms involuntary termination of K.J.D.’s (mother) parental rights to her children, K.S. and A.S.

Gregory K. Cox v. State of Indiana (NFP)
53A05-1308-PC-376
Post conviction. Affirms denial of Cox’s petition for post-conviction relief from his convictions following a plea of guilty to two counts of attempted murder, each as a Class A felony.

Indiana Office of Utility Consumer Counselor v. Indiana Michigan Power Company and Steel Dynamics, Inc. (NFP)
93A02-1303-EX-233
Civil. Affirms Indiana Utility Regulatory Commission’s granting of the electric rate increase requested by Indiana Michigan Power.

Laurence F. Myers, Jr. v. State of Indiana (NFP)
79A02-1308-CR-755
Criminal. Affirms 42-year sentence imposed after Myers’s pleaded guilty to burglary as a Class B felony and being a habitual offender, and auto theft as a Class C felony.

The Indiana Tax Court did not post any opinions by IL deadline. The 7th Circuit Court of Appeals did not post any Indiana opinions by IL deadline.


 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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