Opinions March 30, 2012

March 30, 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
Kristine A. and Larry G. Dawson v. Fifth Third Bank
Civil plenary. Affirms order denying the Dawsons’ motion for summary judgment and granting Fifth Third Bank’s cross-motion for summary judgment on its claim for replevin. When Magish, who sold a motorcycle to the Dawsons, defaulted on his loan from Fifth Third, the bank as the secured party had the right to take possession of the motorcycle. The Dawsons’ interest in the motorcycle as its purchasers is not superior to the bank’s perfected security interest.   

D.C. v. J.A.C.
Domestic relation. Reverses order modifying custody in favor of the ex-husband and preventing mother from relocating with their minor child. Father is not entitled to appellate attorney fees, and relocation alone cannot be used as a reason to support custody modification.

Clark County Drainage Board and Clark County Board of Commissioners v. Robert Isgrigg
Civil plenary. Grants rehearing and affirms original opinion in all respects. Finds neither of Isgrigg’s assertions on rehearing are meritorious.

Carolyn Boss v. State of Indiana
Criminal. Remands with instructions to vacate Boss’ convictions and sentences for harboring a non-immunized dog as Class B misdemeanors and enter a determination that she committed harboring a non-immunized dog as Class C infractions. Affirms convictions of six counts of Class A misdemeanor failure to restrain a dog and sentence.

Steinrock Roofing & Sheet Metal Inc. v. James S. McCulloch, PNC Bank, N.A.
Civil collection. Affirms the trial court’s determination that Steinrock Roofing breached the contract and affirms award of damages to McCulloch in a dispute over payment for work completed. Substantial evidence was presented establishing the contractor’s work was deficient. The trial court properly concluded that the contractor had waived any claim to reduce the damage under the Home Improvement Warranties statute.

Lewis J. Richardson and Laurel Richardson v. Board of Commissioners of Owen County
Civil plenary. Affirms finding that the Richardsons lacked standing as an aggrieved party to remonstrate against the vacation of a roadway leading to a cemetery. The Richardsons are not abutting landowners to the vacated roadway and have failed to demonstrate that they have sustained an injury that is unique or special to them.

Imperial Insurance Restoration & Remodeling, Inc. v. James Costello
Small claim. Reverses order granting judgment in favor of Costello on Imperial Insurance’s claims for breach of contract. Although Imperial provided a contract to Costello that it concedes did not satisfy requirements of the Indiana Home Improvement Contracts Act, that non-compliance did not automatically render the contract void. Concludes that the contract is enforceable and should not be voided. Remands with instructions to enter judgment in favor of Imperial for $669.86 and to hold a hearing to determine contractual interest due and if attorney fees or other costs are warranted.

Bilsland, LLC, LPM Investments, LLC, Phillip D. Mervis, Louis Mervis, Henry Bilsland, Justin Bilsland, and Biosafe Engineering, LLC v. Bradley D. Crain and Richard J. Redpath (NFP)
Civil plenary. Affirms grant of an Indiana Trial Rule 12(B)(8) motion by Crain and Redpath to dismiss the appellants’ claim.

Delmar J. Kent v. State of Indiana (NFP)
Criminal. Affirms conviction of and sentence for two counts of Class A felony child molesting and one count of Class C felony child molesting.

In Re the Paternity of: B.H. by next friend: B.C. (Father) v. D.H. (Mother) (NFP)
Juvenile. Affirms denial of father’s requests to place B.H. in a different school district and to grant him joint physical and/or legal custody.

Andrew Abbott v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class A misdemeanor trespass.

State of Indiana, Little Calumet River Basin Development Commission v. Gary Murphy and Lake County Treasurer (NFP)
Civil plenary. Affirms jury verdict of $332,172 in damages to Murphy and the Lake County Treasurer for multiple easements placed on Murphy’s property by the development commission.

J.R.T. v. State of Indiana (NFP)
Juvenile. Affirms commitment to the Department of Correction.

Vicky L. Tisdial v. State of Indiana (NFP)
Criminal. Reverses denial of petition requesting expungement of arrest record.

Derrick L. Myers v. State of Indiana (NFP)
Criminal. Affirms revocation of probation.

Aaron Isby v. State of Indiana (NFP)
Criminal. Affirms denial of Isby’s motions to compel his original trial counsel to produce all documents relating to his 1992 trial and for copies of his preliminary hearing transcript and the transcripts of three depositions taken leading up to his 1992 trial.

Gerald McKinney v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor animal cruelty.

Rondell Boyd v. State of Indiana (NFP)
Criminal. Affirms three convictions of Class C felony child molesting.

K.J. v. Review Board of the Indiana Dept. of Workforce Development and T.N.V.A.H. (NFP)
Agency appeal. Affirms denial of unemployment benefits.

DeCarlos J. Freeman v. State of Indiana (NFP)
Criminal. Affirms convictions of resisting law enforcement – one as a Class D felony and one as a Class A misdemeanor – following a guilty plea.


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  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.