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Opinions March 15, 2012

March 15, 2012
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7th Circuit Court of Appeals and Indiana Tax Court issued no Indiana opinions by IL deadline.

Indiana Supreme Court

Charlie White, et. al. v. Indiana Democratic Party, through its Chairman , Daniel J. Parker
49S00-1202-MI-73
Miscellaneous. Reverses a decision by Marion Circuit Judge Lou Rosenberg, which found that Charlie White was not eligible to take office following the November 2010 election because he had improperly registered to vote at an address where he was not living. Justice Brent Dickson concurred in result, but wrote separately to say that he agreed with the election contest being dismissed because he sees the Legislature’s attempt to impose additional eligibility qualifications on candidates as unconstitutional and not a basis to contest someone’s eligibility for office.

Michael R. Kole, Joseph L. Weingarten, and Glenn J. Brown, et al. v. Scott Faultless, Daniel Henke, Eileen Pritchard, Stuart Easley, et al.
94S00-1112-CQ-692
Certifiable question. Responding to a certifiable question from Judge Tanya Walton Pratt of the U.S. District Court for the Southern District of Indiana, the Supreme Court held that Indiana’s Government Modernization Act does allow a town to reorganize as a second class city wherein a city council elected at large then elects a mayor. If voters approve of referendums to that effect in November, the reorganization of the town of Fishers and Fall Creek Township may proceed as proposed.

Indiana Court of Appeals
Canon Harper v. State of Indiana
10A01-1012-CR-687
Criminal. Affirms convictions for dealing in cocaine, possession of cocaine, dealing in a narcotic drug, and possession of a narcotic drug, all Class A felonies; two counts of resisting law enforcement, battery of a law enforcement officer, and possession of paraphernalia, all Class A misdemeanors; and maintaining a common nuisance, a Class D felony. Holds that even though Harper did not possess the contraband found in a search of a purse and hotel room, the fact that the purse was in his car and the hotel room was rented in his name was sufficient to establish constructive possession.

Ayanna Wright and American Federation of State, County, and Municipal Employees, Council 62, Local 4009, AFL-CIO v. City of Gary, Indiana
45A04-1107-PL-362
Civil plenary. Reverses trial court’s determination that an arbitrator in a collective bargaining agreement dispute exceeded his powers when he determined that Wright should be placed into another job, despite a city ordinance that stated the new position was not covered by the CBA.

Irmina Gradus-Pizlo, M.D., and Select Specialty Hospital Indianapolis, Inc. v. Donald Acton
49A02-1106-CT-503
Civil tort. Reverses trial court’s denial of motion for summary judgment in favor of Acton, holding that genuine issues of material fact exist with respect to the commencement of the statute of limitations for Acton’s proposed medical malpractice complaint.

Brad A. Altevogt, et al. v. Dennis L. Brand, et al.
44A03-1106-MI-237
Miscellaneous. Affirms trial court’s grant of summary judgment in favor of the defendants, holding the trial court did not err in rejecting the plaintiffs’ claim of title of the disputed land by public dedication because the plat did not dedicate the Indian Trail to the public, but instead indicated that the Indian Trail was for the use of the lot owners and their guests. The trial court also properly concluded that the plaintiffs had not established all of the elements of adverse possession.

T.H. b/n/f Sonja Lynetter (Walls) Fitzgerald v. Troy Hutchison (NFP)
82A01-1109-JP-438
Juvenile. Reverses trial court’s order suspending parenting time for and issuing protective order against father. Affirms court’s finding that mother was in contempt.

Susan R. May v. State of Indiana (NFP)
47A05-1103-CR-178
Criminal. Affirms sentence for murder.

Charles R. Smith v. State of Indiana (NFP)
78A04-1110-CR-585
Criminal. Affirms sentence for Class B felony dealing in a Schedule II controlled substance.

Ernest Wireman v. State of Indiana (NFP)
75A05-1008-CR-545
Criminal. Affirms convictions of and sentence for murder, Class A felony attempted murder and Class B felony arson.

Odonis D. Parker v. State of Indiana (NFP)
02A03-1108-CR-381
Criminal. Affirms sentence for Class B felony robbery.

Shawn McDonald v. State of Indiana (NFP)
35A05-1110-CR-529
Criminal. Affirms conviction of Class C felony possession of cocaine.

KSM, LLC v. Lighthouse Storage, LLC, Lawyers Title Ins. Corp., Inc., and Kevin and Stephen Corp. (NFP)
02A03-1106-PL-232
Civil plenary. Affirms grant of summary judgment in favor of Lighthouse Storage, holding court did not abuse its discretion in ordering rescission of the purchase contract. Reverses trial court’s grant of summary judgment in favor of Lawyers Title on KSM’s negligent misrepresentation claim and grant of summary judgment in favor of a KSM manager on Lighthouse’s actual fraud claim. Remands for further proceedings.

John Mitchem v. State of Indiana (NFP)
49A04-1108-CR-421
Criminal. Affirms conviction of Class B felony burglary and Class D felony theft.

Tyson Keplinger v. State of Indiana (NFP)
35A02-1104-PC-359
Post conviction. Affirms denial of petitions for post-conviction relief.

 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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