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Opinions March 15, 2013

March 15, 2013
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Indiana Court of Appeals
Charles Meriwether v. State of Indiana
49A02-1208-CR-676
Criminal. Affirms convictions of Class A misdemeanor possession of marijuana and Class D felony possession of paraphernalia. The trial court did not commit fundamental error when it admitted Meriwether’s statement into evidence because he was not in custody when he made it.
 
State Farm Insurance Company v. Thomas A. Young and Mary E. Young, Joel P. Genth and Philip K. Genth, INGENIX
92A05-1205-CT-258
Civil tort. Affirms order reducing the subrogation lien that State Farm Insurance Co. held against Thomas and Mary Young. To allow State Farm to recover the full value of its subrogation lien under a policy taken out by the Youngs, when State Farm did not pay the full value of the Youngs’ claim under a policy taken out by the Genths, would unjustly enrich State Farm.

Matthew Bryant v. State of Indiana

03A04-1205-CR-283
Criminal. Affirms conviction and sentence for Class B felony aggravated battery and finding Bryant is a habitual offender. The trial court did not abuse its discretion in admitting certain evidence, the evidence supports his conviction and his sentence is appropriate.

NIPSCO Industrial Group v. Northern Indiana Public Service Company, Indiana Office of Utility Consumer Counselor (NFP)
93A02-1205-EX-436
Agency action. Affirms denial of NIPSCO Industrial Group's petition for reconsideration regarding the Indiana Utility Regulatory Commission’s final order that set the allocation method for NIPSCO’s Environmental Cost Recovery Mechanism and Environmental Expense Recovery Mechanism factors for a Qualified Pollution Control Property under construction.

Joshua Gaunt v. State of Indiana (NFP)

02A03-1204-CR-195
Criminal. Affirms four-year sentence for Class C felony corrupt business influence.

D.P. v. M.Y. (NFP)
71A03-1209-JP-384
Juvenile. Affirms order denying father’s petition to modify custody.

Term. of the Parent-Child Rel. of: D.C., M.H., A.J., D.J., & J.J. (Minor Children), and M.H. (Mother) v. The Indiana Dept. of Child Services (NFP)
79A05-1207-JT-342
Juvenile. Affirms involuntary termination of parental rights.

MJB Lawn Care v. Tower Cleaning Systems, Inc. (NFP)
64A04-1207-CT-341
Civil tort. Reverses summary judgment in favor of Tower Cleaning Systems on its request for indemnification pursuant to its contract with MJB Lawn Care.

Mahoganee K. Edmond v. State of Indiana (NFP)
45A03-1206-CR-281
Criminal. Affirms convictions of Class B felony aggravated battery, Class C felony battery with a deadly weapon and Class A misdemeanor criminal recklessness.

Kentuckiana Trench Shoring, LLC v. National Water Service, LLC (NFP)
59A05-1206-PL-315
Civil plenary. Reverses judgment in favor of National Water Service for breach of contract.

Kimberly R. Goff (Miller) v. Larry Goff (NFP)
49A04-1205-DR-277
Domestic relation. Affirms order regarding the amount Kimberly Goff Miller was due from her ex-husband as part of their 1997 divorce order.

Samuel G. Dykstra and Michelle L. Bahus v. The City of Hammond (NFP)
45A03-1206-PL-287
Civil plenary. Affirms summary judgment in favor of the city of Hammond regarding ordinances regulating firearms.

Tyrone Frazier v. State of Indiana (NFP)
49A02-1201-PC-11
Post conviction. Affirms denial of successive petition for post-conviction relief.

Christopher Whirl v. State of Indiana (NFP)
79A02-1206-CR-516
Criminal. Affirms in part and reverses in part the three robbery convictions and remands with instructions to vacate two of them and resentence Whirl on one count of robbery. Also orders the trial court to enter judgments of conviction and sentences on Class B criminal confinement felonies.

State of Indiana v. Mark M. Hairston (NFP)

02A04-1209-PC-476
Post conviction. Reverses vacation of habitual offender finding.

Term. of the Parent-Child Rel. of J.B., Minor Child, and Her Mother, A.B.: A.B. v. Indiana Dept. of Child Services (NFP)

79A02-1209-JT-764
Juvenile. Affirms termination of parental rights.

The Indiana Supreme Court and Tax Court issued no opinions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions by IL deadline.
 

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  1. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

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