Opinions March 15, 2012

March 15, 2012
Back to TopE-mailPrintBookmark and Share

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
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.
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
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
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
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.
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)
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)
Criminal. Affirms sentence for murder.

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

Ernest Wireman v. State of Indiana (NFP)
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)
Criminal. Affirms sentence for Class B felony robbery.

Shawn McDonald v. State of Indiana (NFP)
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)
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)
Criminal. Affirms conviction of Class B felony burglary and Class D felony theft.

Tyson Keplinger v. State of Indiana (NFP)
Post conviction. Affirms denial of petitions for post-conviction relief.



Sponsored by
Subscribe to Indiana Lawyer
  1. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues