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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. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  2. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

  3. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  4. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  5. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

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