Opinions March 29, 2012

March 29, 2012
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Ronyai Thompson v. State of Indiana
Criminal. Affirms conviction of Class A felony dealing in cocaine. The trial court did not abuse its discretion when it denied Thompson’s motion to dismiss the charges against him. The court did not err when it granted the state’s peremptory challenges as to the two African-American members of the venire. There was sufficient evidence from which the jury could infer Thompson intended to exercise control over the cocaine.

Mary E. Santelli, as Administrator of the Estate of James F. Santelli v. Abu M. Rahmatullah, Individually and d/b/a Super 8 Motel
Civil tort. Concludes that the very duty doctrine was not abrogated by the Indiana Tort Claim Act. In the new trial on the issue of allocation of fault, the trial court should instruct the jury on the very duty doctrine. Reverses and remands for further proceedings.

Brent Myers v. Jarod Coats
Civil plenary. Coats had a liberty interest in not erroneously being labeled as a sex offender, so the trial court did not err in granting his motion for partial summary judgment and denying Myers’ cross-motion for summary judgment as to this issue. The trial court did not err in concluding that Coats was not afforded due process. Finds Coats has not carried his burden to show that there is a genuine issue of material fact establishing that Myers personally deprived Coats of a liberty interest and failed to afford him sufficient process, so summary judgment for Myers should have been granted on this issue.  

Todd J. Crider v. State of Indiana
Criminal. Dismisses Crider’s appeal of his sentence of three years for Class D felony theft, enhanced by three years based on his status as a habitual offender. Crider waived his right to challenge his sentence as erroneous. Judge Riley dissents.

In the Matter of the Paternity of S.C.; K.C. v. C.C. and B.H.
Juvenile. Affirms the grant of B.H.’s verified petition for relief from judgment for fraud upon the court. Mother failed to establish a prima facie error in the order to set aside the paternity order.  Judge Riley dissents.

Ziese & Sons Excavating, Inc. v. Boyer Construction Corp. and Boyer Construction Group Corp.
Civil plenary. The trial court erred in granting summary judgment in favor of Boyer Construction Group as Ziese presented evidence sufficient to create a genuine issue of material fact regarding whether Boyer Construction Group and Boyer Construction Corp. are alter egos and whether Boyer Construction Group is Boyer Construction Corp.’s successor. Remands for further proceedings to determine whether the Group’s corporate veil should be pierced and whether the fraudulent sale of assets or mere continuation exceptions apply.

Buck Gleason v. State of Indiana
Criminal. Revises Gleason’s sentence from 11 years to six years following his convictions of battery, criminal recklessness and failure to stop after an accident that resulted in injury. The evidence supports the convictions, but the sentence imposed was inappropriate based on the nature of the offenses and Gleason’s character. Remands with instructions.

East Porter County School Corp. v. Gough, Inc., and Travelers Casualty and Surety Co. of America
Civil plenary. Affirms summary judgment in favor of Gough and Travelers and against the school corporation. Based upon the record and under the circumstances presented in this case, it is evident that there was not a meeting of the minds regarding the bid amount and thus that the school did not acquire the right to enforce Gough’s erroneous or mistaken bid. Agrees that Travelers should be released from its bid bond because its principal does not have any liability on the underlying contract.

Shamir Chappell v. State of Indiana
Criminal. Affirms the state presented sufficient evidence to support the Class A felony burglary conviction and the trial court did not err in imposing an aggregate sentence of 70 years. But Chappell’s convictions of Class A felony burglary and Class B felony burglary constitute double jeopardy. Remands with instructions.

Michael Woodson v. State of Indiana
Criminal. Affirms conviction of Class B misdemeanor public intoxication. Woodson’s encounter with police did not rise to the level of a Terry stop for which reasonable suspicion is required, but once the officer smelled alcohol on Woodson and noticed his impaired speech, it evolved into a Terry stop.

DeLage Landen Financial Services, Inc. v. Community Mental Health Center, Inc.
Civil collection. Reverses denial of DeLage Landen’s motion for summary judgment on a breach of contract complaint against Community Mental Health Center. The trial court abused its discretion in considering Community’s late-filed response on summary judgment and that, considering only the properly designated evidence, summary judgment should be granted to DeLage.

Danny R. Bailey v. State of Indiana (NFP)
Criminal. Affirms sentence for Class A felony child molesting, Class C felony child molesting and Class B felony incest.

Gerald C. Vickers v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief.

Euranus Johnson v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief.

Frank R. Keeton v. Linda K. Keeton (NFP)
Domestic relation. Affirms dissolution order where the trial court assigned a value of $1.2 million to the parties’ commercial real estate.

Angela D. Driskell, Bob R. Dehaven, and Blonnie V. Dehaven v. Old Republic National Title Insurance Co. (NFP)
Civil plenary. Dismisses appeal involving property that was the subject of a mechanic’s lien.

Paul Rogers v. State of Indiana (NFP)
Criminal. Affirms conviction of Class B felony burglary.

Kimberly A. Pieper v. State of Indiana (NFP)
Criminal. Dismisses challenge of Pieper’s habitual substance offender adjudication.

Dejuan Parker v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony possession of marijuana.

Standard Coating Service, Inc. v. Walsh Construction Co. (NFP)
Civil tort. Affirms summary judgment on Standard’s claims for breach of contract and for damages as a third-party beneficiary to a contract between Walsh and the city of Indianapolis.

Jesse Michael Villareal, Jr. v. State of Indiana (NFP)
Criminal. Affirms convictions of Class C felony battery and Class A misdemeanor invasion of privacy and sentence for battery.



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  1. Heritage, what Heritage? The New Age is dawning .... an experiment in disordered liberty and social fragmentation is upon us .... "Carmel City Council approved a human rights ordinance with a 4-3 vote Monday night after hearing about two hours of divided public testimony. The ordinance bans discrimination on the basis of sexual orientation or gender identity, among other traits. Council members Rick Sharp, Carol Schleif, Sue Finkam and Ron Carter voted in favor of it. The three council members opposing it—Luci Snyder, Kevin Rider and Eric Seidensticker—all said they were against any form of discrimination, but had issues with the wording and possible unintended consequences of the proposal." Kardashian is the new Black.

  2. Can anyone please tell me if anyone is appealing the law that certain sex offenders can't be on school property. How is somebody supposed to watch their children's sports games or graduations, this law needs revised such as sex offenders that are on school property must have another non-offender adult with them at all times while on school property. That they must go to the event and then leave directly afterwards. This is only going to hurt the children of the offenders and the father/ son mother/ daughter vice versa relationship. Please email me and let me know if there is a group that is appealing this for reasons other than voting and religion. Thank you.

  3. Should any attorney who argues against the abortion industry, or presents arguments based upon the Founders' concept of Higher Law, (like that marriage precedes the State) have to check in with the Judges and Lawyers Assistance Program for a mandatory mental health review? Some think so ... that could certainly cut down on cases such as this "cluttering up" the SCOTUS docket ... use JLAP to deny all uber conservative attorneys licenses and uber conservative representation will tank. If the ends justify the means, why not?

  4. Tell them sherry Mckay told you to call, they're trying to get all the people that have been wronged and held unlawfully to sign up on this class action lawsuit.

  5. Call Young and Young aAttorneys at Law theres ones handling a class action lawsuit