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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. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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