Opinions March 15, 2013

March 15, 2013
Back to TopE-mailPrintBookmark and Share

Indiana Court of Appeals
Charles Meriwether v. State of Indiana
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
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

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)
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)

Criminal. Affirms four-year sentence for Class C felony corrupt business influence.

D.P. v. M.Y. (NFP)
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)
Juvenile. Affirms involuntary termination of parental rights.

MJB Lawn Care v. Tower Cleaning Systems, Inc. (NFP)
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)
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)
Civil plenary. Reverses judgment in favor of National Water Service for breach of contract.

Kimberly R. Goff (Miller) v. Larry Goff (NFP)
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)
Civil plenary. Affirms summary judgment in favor of the city of Hammond regarding ordinances regulating firearms.

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

Christopher Whirl v. State of Indiana (NFP)
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)

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)

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.


Sponsored by
Subscribe to Indiana Lawyer
  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.