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Opinions March 13, 2014

March 13, 2014
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The following Indiana Supreme Court opinion was posted after IL deadline Wednesday:
Joseph D. Hardiman and Jaketa L. Patterson, as Co-Administrators of the Estate of Britney R. Meux, Deceased v. Jason R. Cozmanoff
45S03-1309-CT-619
Civil tort. Affirms the trial court’s ordering the limited stay of discovery regarding only Cozmanoff in the estate’s wrongful death lawsuit against him and requiring him to answer the complaint. The civil suit was brought while criminal charges for Meux’s death were still pending. Notes the ruling does not mean the trial court was constitutionally required to impose the stay but that it did not abuse its discretion by so doing. Remands for further proceedings.

Thursday’s opinions
Indiana Supreme Court

Bobby Alexander v. State of Indiana
49S04-1308-CR-534
Criminal. Concludes that this appeal – taken after Alexander’s prison sentence was imposed but before the question of restitution was decided – should not be dismissed as premature. Remands to the Court of Appeals for resolution on the merits.

Indiana Court of Appeals
J.L. v. State of Indiana
49A04-1306-JV-297
Juvenile. Affirms true finding that J.L. committed what would be Class C felony child molesting if committed by an adult. Judge Barnes concurs in result. Finds that J.L. and his mother were not provided the opportunity for a meaningful consultation, but the admittance of J.L.’s statement was a harmless error. The state presented sufficient evidence of a probative nature from which a reasonable trier of fact could find he committed the offense.

Donald R. Walker, D.D.S. v. State Board of Dentistry
49A02-1307-MI-593
Miscellaneous. Affirms denial of Walker’s petition for judicial review of a decision by the State Board of Dentistry. Substantial evidence supports the board’s finding that Walker violated I.C. 25-1-9-4(a)(4)(B) by using the “hand-over-mouth” technique on Patient A, and the board properly found that Walker violated 828 IAC 3-1-6.5(c)(10) by knowingly failing to provide “continual and direct supervision by a person trained in basic cardiac life support” to that same patient.

Brittney L. Romero v. Teddy Brady and Advantage Tank Lines, LLC
72A05-1308-CT-471
Civil tort. Reverses summary judgment in favor of Brady and Advantage Tank Lines on Romero’s complaint alleging negligence. Because Brady owed Romero a duty of care and the questions of breach and proximate cause are not undisputed, the entry of summary judgment in favor of the appellees was improper.

Caylin P. Black v. State of Indiana (NFP)
27A02-1212-PC-981
Post conviction. Affirms denial of petition for post-conviction relief.

George T. Bonin v. Review Board of the Indiana Department of Workforce Development (NFP)
93A02-1304-EX-376
Agency action. Affirms determination that Bonin was ineligible for unemployment benefits.

City of Valparaiso, Indiana v. Richard and Janet Brown (NFP)
64A03-1307-PL-239
Civil plenary. Affirms order denying the city’s motion for summary judgment as to the Browns’ negligence claim and denying its motion to strike certain exhibits designated and relied upon by the Browns to defend against the city’s motion for summary judgment.

Vincent J. Castaneda v. State of Indiana (NFP)
02A03-1310-CR-416
Criminal. Affirms convictions of Class C felony disarming a law enforcement officer and two counts of Class D felony resisting law enforcement.

Jennifer Fleming v. State of Indiana (NFP)
02A03-1307-CR-257
Criminal. Affirms convictions of Class A felony dealing in methamphetamine; Class D felony possession of more than 10 grams of a precursor; and Class A misdemeanor possession of marijuana, hash oil, hashish, salvia or a synthetic drug.

Joseph Mike Barnett v. JDH Contracting (NFP)
32A01-1307-CT-332
Civil tort. Reverses summary judgment in favor of JDH. As a matter of law, JDH did not owe Barnett a duty pursuant to contract, but a genuine issue of material fact remains as to whether JDH assumed a duty to Barnett through its affirmative conduct.

Shawn Anderson v. State of Indiana (NFP)
49A02-1307-CR-607
Criminal. Affirms convictions of Class D felony criminal recklessness and Class A misdemeanor battery.

Dean R. Pressler v. State of Indiana (NFP)
92A03-1309-CR-351
Criminal. Affirms sentence following guilty plea to Class A felony child molesting, Class B felony sexual misconduct with a minor and Class D felony child seduction.

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

 

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  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  4. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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